My wife has deserted me without any significant reason and has filed petition under Hindu Adoptions and Maintenance Act, 1956 Clause 18 & 20 and demanding excessive maintenance of 15 thousand per month(Rs.7000 for daughter of age 1.5 years and Rs.8000 for herself) claming my income as 35-40 thousand per month, I work as a free lancer and my real income is between 15-20 thousand and i cant afford such high maintenance.
Till now i have done all possible things to bring her back but she is not coming back by treating me cruelly, abusing and making false allegations and not even allowing me to meet my daughter,before desertion she has reached to a stage of physical abuse also, so considering threat to my life, at this stage i cant take chance of bringing her back. My in-laws are also not co-operating and not forcing her for medical/temper management treatment.
2007-06-25 05:11:32 · 8 answers · asked by Tushar 1 in Family & Relationships ➔ Marriage & Divorce
1)Fact is She has filed case to harass me and my family.
2)I don’t have any intentions to deny my responsibility towards her and my daughter but i want
to pay what i can afford. But her intentions are not good.
3)she has worked for 3 years and to claim maintenance she has also left her job to prove that
she has no source of income.
4)I work as free lancer and i haven't filed IT Returns till now due to some loans i have
taken for marriage of my sister and other purposes, now how can i prove that my income is not
what she has mentioned in petition. Will bank statements and loan records will help?
5)She has also demanded court proceedings fees of Rs.15000,Can she demand that under HAMA
Act?
6)Now possibility of her return is rare due to her own behaviors and non co-operation, What
can be my plan of action to overcome her excessive demands and if unfortunately i have to
take that decision then shall i file divorce case as a counter petition to her case.
2007-06-25 05:12:08 · update #1
The amount of monthly maintenance she has claimed for her Rs8000/-P.M. & for your daughter Rs7000/- P.M.& stated your income as Rs35000/- to 40000/- per month, you state your monthly income as Rs15000/- to 20000/- per month. You don't have any IT returns to prove your income nor does she has any such proof of this. Your bank account, loan repayment & other liabilities along with her own means or source of income, immovable or other properties & to certain extend her capability to earn will also be taken note of in such a case. What I feel the amount of maintenance she will be able to get will be Rs4500/- P.M.for her & Rs3000/-P.M. for the child in all probabilities. The litigation charges which she can get should not be more then 4000/-. This is the inherent powers of court to grant such litigation charges if it feels just & reasonable in a particular case whether the provision for such are provided in the Act or not.
2007-06-25 06:09:18 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
You will more than likely not like my answer but... you fail to mention several things here like what the real reason for her leaving is... your income is definitely in question but it seems that the 35 - 40 Rs is more than likely true and you are trying to shuck your moral duty to your family whether they live with you or not... and was it physical abuse or was she defending herself against you? All unanswered questions... the case she has filed has nothing to do with your family... only with you... leave the family out of it... the bottom line is this... you need to grow some balls and act like a man not a hurt child... grow up and face the fact that the two of you don't work and let her get on with her life and you get on with yours... suck it up!
2007-06-25 12:31:10 · answer #2 · answered by supwithat2000 1 · 0⤊ 0⤋
I am not sure of the laws where you are, but in Oregon child support is determined by what each parent is capable of earning(ie: every parent is capable of earning minimum wage) Spousal support would be determined by what each of you earned while married. Just because she chose to quite working now does not give her the right to demand such high amounts of support. I am sure you can respond against her with your true income and get it lowered.
2007-06-25 12:19:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
check www.saveindianfamily.org & www.498a.org - and get in touch with the nearest helpline; you will find help there.
In either way you got no reponsibility on her did you marry her or you hired her as a prostitute and a surrogate mother for your kid that she is demanding for money for her body's usage and womb's hire? Todays Indian women talk of equality rt. then like why should you pay her; why can she not pay you?
Yes you are responsible for your child so you too need to chip in equivalent ot her again not in cash but in terms of a medical insurance, yearly school fees and may be a fixed reccuring deposite in your daughter's name, nothing more.
Lastly note India Lawyers are the worst of the creed and least ethical - all the law books are available online read them strategise and since its your fight plan it yourself and get the lawyer to fight for you as per your plans - and if the lawyer acts cocky and know-all abuse him and report him to the media since you are paying him and he is not doing it free of cost and again beware he could happily sell himself to the opposite party ie. why I tell India Lawyers have no conscience.
2007-06-27 00:24:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It would be far less expensive to hire a hit man. Seriously , at what she's asking you could hire a dozen.
2007-06-25 12:16:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
shes a nutt case guy rid yourself from her geezzzzzzzzzzzzzzzzz!
2007-06-25 12:15:30 · answer #6 · answered by rpoker 6 · 0⤊ 0⤋
Why dont you consult with your lawyer again please? Only that lawyer can be able to help you out from this situation!
2007-06-26 01:45:04 · answer #7 · answered by Gargi 3 · 0⤊ 0⤋
please refer www.siftimes.com
2007-06-27 15:03:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋