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Ganesh01 (govt servant)     14 September 2013

Maintenance to wife and kids

Wife filed for divorce under crulity after 8 years of marriage..last year kids were with me. she was in other village for her job, in public sector employ with  Rs.15000/ month. Judge asked me to produce salary certificate. I'm govt. servant. with net salary  Rs. 60000/pm. Can i include House loan, Lic of kids, Lic of self in my expenses which is coming to be Rs. 20000/. She is staying in village. and presently kids are with her. I'm staying at metro city.. I'm ready to pay for kids education etc...

she has asked for Mc under HMA 24 maintenance for her and kids to be Rs. 20000/pm and  and the court expenses to be Rs. 20000/pm.

In the main petition she asked only for divorce but there were 14 false aligations, which each point, can be made a case. Last 3 sittings, her lawyer is pressing for interim relief. and judge asking for the hearing......  

How much interim relief will be decided.. on what basis.. Kindly help



Learning

 3 Replies

Tajobsindia (Senior Partner )     15 September 2013

1.    Once written statement on main case is filed interim maintenance application is decided by Oral or written arguments basis as it is summary matter.

2.    Since she is working Court may not grant her maintenance.

3.    You may present facts of parties income r/w your liabilities – deductions and pray for voluntary bearing education – health – extracurricular expenses for child(ren) and then let Court decide on maintenance for child(ren).  

4.    When both natural parents are working then child(ren) maintenance is shared by both parents which specifically needs to be plead.

5.    Litigation expenses are always one time discretion based award and not awarded as per month.

6.    If good arguments caused to produce in instance brief then somewhere around 2-3 K may be maintenance for children but lot more depends upon subjective factors.

There are number of dicusssions on 'basis for allowing interim maint.' here in LCI family law forum, suggested to review them and make notes accordingly.

Ganesh01 (govt servant)     15 September 2013

Thanks Dear...

Ganesh01 (govt servant)     16 September 2013

Sir 

Can I request some time (10 min) from JUDGE and ask my wife...

Why is she doing this... !!!

Earlier,  we were in Metro city,  Rs. 6000/PM enough for house hold things, rent, food grains, canteen grocery, the expenditure

detail maintained by both in the register for last 5 years as proof.

What is the strong reason for not loving me any more.after 8 years of marriage and 2 lovely sons..

. any problem from my side, agree to correct..

Earlier on many instances with relatives and her brother, she told she will divorce me in 3 sitting, and will be free..

but now she is asking for maintenance and looking to drag the case...

This week I have court date..

Please Advise !!!!


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