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anuja   10 June 2015

Maintenance

Dear Sir/Madam

 

I just want help regarding divorce.I have filed divorce in year 2013 due to physical torture.Due to physical tortue ,i was not in position to continue my job.So i left the job.I am staying at my parents house.For 3 years i was under backache treatment .My medical treatment is fully taken by my parents .Now i am fine .So in janury 15,i stated going to job .Case is going on.In march 2015,our couselling session started.My husband told infront of court that he wants to live with me and wants to forget the past and have a new start.So i believed him.So i told the truth to my husband that i started working.For 2  months,we started chatting .But from 2 days ,he is telling me that he want divorce from me and he is saying he will not pay any maintenance as i am working.He was just betraying me .He  wants to take revenge against me as we have filled divorce against him.Actually he already decided that he dont want to pay maintenace to me

 

So kindly assist what should i do?Should i have to leave my job?

 

Awaiting for fast reply

 

 



Learning

 6 Replies

SURESH KALAGA (secretary)     10 June 2015

Ms. Anuja, Where are you from?  Have you withdrawn the divorce case filed by you? Now also you and your husband staying separately? Your job is private job? and he knows all the details of your employment? You have children? pls. clarify all these issues to get fruitful and useful answer.

saravanan s (legal advisor)     10 June 2015

just because you are working and earning some amount will not relieve your husband completely from paying maintenance to you.the court would look into the fact whether you are earning enough to have a comfortable living and then only decide.another thing is if you have children then he is entitled to pay maintenance to the child inspite of the fact you are working

N R Dash.. (Advocate)     10 June 2015

Quantom of maintenance is decided on many factors like status of living, capability of your husband and the available resources. Its not your husband, but the judge to decide based on the facts and evidences. How you submit before the court, actually matters.

 

Consult with a local & good advocate to help you in this regard.

Anand Bali Adv. (Advocate Solicitor & Consultant)     11 June 2015

Dear Anuja,

The fact is that you have filed a case of Divorce against your husband ( ground is not disclosed by you in your averments) and this case is also not withdrawn by you. Only in the councelling sessions it has been decided that your husband got agreed to live with you and till now no court order have been pased in this relation.

Now please understand that even if you are earning and capable of maintaining your livilihood but is your living status is same as of the after the time of your marriage and are you enjoying the same status of social and economic standards of living as you were enjoying with your husband? if not then certqinly he will be liable to pay you a handsom maintenance for the differance of the living standard.

You are dvised not to withdraw your divorce case at any ground other wise you will suffer and also after getting settled for some maintenance amount keepon this revived and reviewd after a period of time on the grounds of dearness.

bhrvi   12 June 2015

frm ur post it is not cleared why u leave ur job & wht mk ur hubby to change his mind ?
u leave the job to please ur hubby or fr more maint.? pl. clear.

anuja   13 June 2015

I m from Mumbai..I have filled divorce on basis of cruelty.i have not withdrawn divorce case.we are staying separately.i m having private job .Actually I have filed divorrce case because of cruelty and physical torture and I was under medical treatment for 2 years for backache but now I m better.so I started doing job in March 2015.i don't have children.During counseling (in March 24) ,my husband told that he wants to start a new life with me .But actually his plan was not to give me maintenance to me .so I order to stop paying maintenence,he started chatting with me .But now he is threating me that he will not give any maintenance as I m working.  so pls tell me what should I do?


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