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gaurav singh (clerk)     15 February 2014

Urgent need help in interim maintenance case

Dear Expert Sir,

My Story is briefed here:-

1. I got Divorce on the basis of cruelty in July 2011 as EX Partee because she did not appeared to my family court after receving summons and getting chance to file reply of my petitiion. 

2. I got re- married in July 2012 i have registered it with Govt Deptt.

3. She filed Maintenance case U/s 125 CrPC in reply of My Divorce application. i received summons in June 2012 that is clearly  after getting Divorce.

4. She filed application for set aside in Aug 2012 on clearly false grounds. She stated in her applicattion that whe was under bed rest for the period of 2 year and due to this she could not appear to my family court . but during this 2 years she was working in a school and appearing at her family court for maintenance case. The court has dismissed her application for set aside. 

5 I have so many evidences about her false statement submitted in set aside case.

6 next date of hearing in maintenance case in April 2014 which is for interim maintenance case also.

Sir i would like to get ur valuable suggestions  for my questions below :-

A) I have gross salary of 30000 PM as she has proof of my salary with her because i m govt employee, what amount can be awarded by the court under this situation..

B)  How can i fight with her false case because she has stated totally false statements in her application for maintenance case. 

C) How can i save myself having Order of set aside of divorcee case which clearly speaks that she has submitted false documents to court .

D) is there any way to make her threatened by filing any application against her.

E ) She is living with her JiJa Ji who is a rich man and govt employee with higher post . I have evidence about her livign with him and he is key person and reason for my divorce. 

F) how can i save Maintenance and Interim Maintenance in this case. 

Kindly suggest me.

Regards

Gourav Singh

9602922129

 



Learning

 4 Replies

Gautam Kapoor (IT professional Studying Law)     17 February 2014

1. I got Divorce on the basis of cruelty in July 2011 as EX Partee because she did not appeared to my family court after receving summons and getting chance to file reply of my petitiion. -> Good, you are quite lucky

2. I got re- married in July 2012 i have registered it with Govt Deptt. -> Good,after 30-90 days mandatory period

3. She filed Maintenance case U/s 125 CrPC in reply of My Divorce application. i received summons in June 2012 that is clearly  after getting Divorce. -> She can do so and did it.

4. She filed application for set aside in Aug 2012 on clearly false grounds. She stated in her applicattion that whe was under bed rest for the period of 2 year and due to this she could not appear to my family court . but during this 2 years she was working in a school and appearing at her family court for maintenance case. The court has dismissed her application for set aside. ->Happens,good that the court has taken note of this.

5 I have so many evidences about her false statement submitted in set aside case. -> not required at now.Case is closed.

6 next date of hearing in maintenance case in April 2014 which is for interim maintenance case also.

Sir i would like to get ur valuable suggestions  for my questions below :-

A) I have gross salary of 30000 PM as she has proof of my salary with her because i m govt employee, what amount can be awarded by the court under this situation.. -> Depends on host of factors

a. Do you have a son.

b.She is working.

B)  How can i fight with her false case because she has stated totally false statements in her application for maintenance case.-> Show the proof that she is working and not entitled for maintenance.Show desertion if is true.

C) How can i save myself having Order of set aside of divorcee case which clearly speaks that she has submitted false documents to court .-> You already said that her petition was set aside.

D) is there any way to make her threatened by filing any application against her.

E ) She is living with her JiJa Ji who is a rich man and govt employee with higher post . I have evidence about her livign with him and he is key person and reason for my divorce.

F) how can i save Maintenance and Interim Maintenance in this case.

Kindly suggest me.

Gautam Kapoor (IT professional Studying Law)     17 February 2014

C) How can i save myself having Order of set aside of divorcee case which clearly speaks that she has submitted false documents to court .-> You already said that her petition was set aside.

D) is there any way to make her threatened by filing any application against her. -> Not advisable,fight your MC case first and let her make false allegations. Then you can

E ) She is living with her JiJa Ji who is a rich man and govt employee with higher post . I have evidence about her livign with him and he is key person and reason for my divorce. -> Why bother whom she lives. Be happy with your wife. Leave the past and invest in your future.

F) how can i save Maintenance and Interim Maintenance in this case. -> You cannot save yourselves from maintenance if she is unable to maintain herself. Please refer above,fight the cases in FC saying that she is working.

BE HAPPY

Kindly suggest me.

gaurav singh (clerk)     24 February 2014

Sir i would like to get ur valuable suggestions  for my questions below :-

A) I have gross salary of 30000 PM as she has proof of my salary with her because i m govt employee, what amount can be awarded by the court under this situation.. -> Depends on host of factors

a. Do you have a son.

b.She is working.

    a....   no i dont have any kid from her.

b.  she is working but i dont have any evidence. but she has applied for Govt Teacher Exam including 5 years teaching experiece in her application. I cant get any evidence bt i have her filled form and call letter for said exam. 

kindly suggest me plz 

Uma Maheswara (consultant)     01 March 2014

@gaurav,

For earning person there is no need to pay maintenance, please google so you can get details.

To know about her employment details hire a ditective agency or get details from her neighbours or relatives so you can work on them.

Thanks

Mahesh


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