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d dua (manager )     19 July 2013

Wife deserted husband and asking maintenance of kids

1. wife (never married --it was live in relationship in year 2006 ( illicit relationship ) .and had 2 illigitimate children from husband ( girld child are 3 and 5 years of age now ) , 2she left for london and tried to took over property and money from husband business contacts inhusband name. ( fraud cases pending in the indian court) 3.wife in question is moving around the world with kids and had second marraige in london without any information to first husband . 4. now she is asking husband to pay maintenance to girl children . husband is incapabale to provide maintenance to girl children. 5. Lower court passed the order to pay hafty maintenance sum. how can we re appeal in high court. ? How can i apply for stay --following are the options 

can i file a reappeal under ipc section 320 that wife remarried during the life time of marriage - to have stay on the maintenace order FOR KIDS . 

can i produce my bank statement showing no income = to put maintenance order on stay . 

wife left at her own and disallowed to meet the children ( denied right to meet father ) can this be the base to request for stay on maintenaNCE order FOR KIDS  

Can we seek her passport details and bank statements by request to court ( she is british national now) can we seek stay on order .? the matter will go to high court. 

KINDLY SUGGEST . 



Learning

 2 Replies

Amit Tungare (lawyer)     19 July 2013

you can go in appeal and obtain a stay immediately on the execution of order. The foremost ground to be pleaded is that she is married again and has her own as well as her second husbands income to support her children. That way we can quash the lower driver's order completely.

Amit Tungare (lawyer)     19 July 2013

lower court* sorry typing error

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