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rajesh (self employed)     02 June 2016

Marriage expenditure..

Sir,

I got married on 2000 aug and applied divorce on 2003, my case was dismissed and they asked maintenance some Rs.xxx . from 2003 i'm paying maintenance for the lady and my son. LAst week she send a maintenance enhancement notice that she need 3 times what i'm currently paying now. 

And she asking marriage expenditure, (we spent more what they spent for the marriage )my dress expenditure and left her cloths (15 years back). We thrown those and donated to poor peoples those cloths and we given gold to her at the time of marriage, but she refusing and asking her things value.

Is this climable? Please advice..

-Moorthy

 



Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     02 June 2016

Legal necessity can be claimed as of right.

Plz tell us qualification of ur wife. Whether she can maintain her self based on her education or doing some kind of work to earn money.?

If yes tehn no such maintenance can be given to her.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 June 2016

If she unable to work, husband has to pay

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2016

The reply of Adv Gonjare is apt and also the suggestions of the other experts.

Vijay Raj Mahajan (Advocate)     03 June 2016

 

Married in 2000, i.e. 15 years back and now claiming the marriage expenses, firstly that under the Hindu Marriage Act, 1955 or for that reason under any other Act not legally claimable but even if that was claimable than, after 15 years it becomes time bared even to claim through court of law because of the Limitation Act that allows 3 years period for claiming the movable properties/cash etc.

The claim of Streedhan from the husband too can be claimed within 3 years it was left in his possession by the wife.

As far maintenance from the husband is concerned that will be based on the present financial status of both parties, as this changes with time, the claim for enhancement of maintenance already being paid will be judged from the present income of both parties as well the genuine requirement for the dependents.

rajesh (self employed)     03 June 2016

In connection with above,

She is post graduate (M.Com,M.Phill, B.Ed and B.Lit etc) she have own house. She can able to work and earn, purposfully trying to get money. i'm ready to give my son but she is not allowing me to see my son. When i file the guardion OP she threaded to kill my son and commit suisuide. (earlier she tried once). So i not filed guardion op.

Now my son is 15 years, now i plan to file case for guardion op and if my son is not speaking or ignoring me planned to file seperate notice for councelling for my son.

Kindly advice me in this regard.

 

Thanks

-Rajesh

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2016

If what U mentioned is true and can be proved in court,noway she is eligible for any maintenance.


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