saagar susheel (clerk) 20 January 2011

maintenance to wife and 6 year daughter Child

my wife is TGT in HP State since from 2001 and getting salaried about 26000/-p.m basic pay 17850/- plus allowance. and my 6 year daughter residing with her at their parents home. now she filed case for maintenance to herself and to her child along with litigation charges cum divorced under section 13 b. i am central govt employee my basic pay is 12520/- total pay 21000/- p.m. please help me give suggestion how can i fight the case

whether i have to give maintenance allowance to wife , to child ?

whether i have to give litigation charges to her?

if any one have any information regarding such type of case whether supreme court decision whether any judgement latest please provide me i am thankful to that in advance . please help

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2 Replies

Tajobsindia (Senior Partner ) 22 January 2011

@ Author

1. No - none to neither
Reasoning: She is earning. She has capacity to earn. She has shelter. She is in pmt. employment. If equity applied then also her intake is more than her husband. If natural justice applied then the child has been taken away from the custody of her father who is legal natural guardian against child wish. Now, if equality applied then see para 2 as voluntary offer from natural guardian during and contentious relief (means conduct of father reflects better) !!!

2. Safe keys - You buy a child health insurance and marriage cum education expenses Insurance policy for child as nomination name of your daughter and voluntarily offer under Oath affidavit the Bond papers of such and additionaly offer meeting education expenses of child till she wants to study. In leave of these simultaneoulsy file for custody / visitation of child and ask concerned court to summary dispose them.