• Alimony and visiting rights

Me and my wife living separately without divorce for last 3 years. I filed two cases in different courts against my wife primary is “Restitution of Conjugal Rights” and next is “Guardianship and Wards”. I also prayed to court for visitation right of my daughter (Age-3 years). First court ordered to produce my daughter in court in every hearing and second court too. From the date of order my wife formed various reasons and never produced my daughter in court for last 1.5 years. At last court firmly ordered vocally and she produced my daughter and under pressure of judge also submitted a written undertaking that, she will produce my daughter on every 1st and 3rd Saturday in every month. In court order it is clearly mentioned to handover my daughter to me for 2 hours but in first day my wife never released my daughter from her lap and tried to keep my daughter away from me continuously. And due to a long gap my daughter also unable to recognized me. Under this situation, if my wife will continue such process then it will be a great trouble for me to spend time with my daughter and bringing back her memories. 
Under the above circumstances, what will be the course of action I need to be taken?
In this regard, it is also to be mentioned that, my wife submitted few false documents to passport office signed by me. All the signatures in the said documents are evidently fabricated. Therefore, I am going to file a criminal case or FIR against her. If I do so, if there any problem will arise with my visitation right or other cases?
My salary is Rs. 20,000/- P.M and I am paying an amount of Rs. 7,000/- P.M to my wife towards maintenance as per court order. Can I submit a petition for revision of the same? Because I came to know that, Supreme Court has set a benchmark for maintenance that is 25% of net salary.

Looking for early response

Thanks & regards.
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1)you are liberty to file criminal case against your wife for fabrication of documents , forgery if your wife has forged your signatures

2) it will not affect your visitation rights in other cases

3) if your wife refuses to comply with court orders to grant you vsiistation rights you cna take contempt of court proceedings against your wife

4) the SC has held that The amount of permanent alimony awarded to wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependant on the factual situation of the case... and the court would be justified in moulding the claim for maintenance passed on various factors,"

5) you can submit application for revision of maintenance if you so desire

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. Yes,filing a petition for revision of maintenance amount is good option,more so, after the passing of the recent SC decisison.

2.For not complying with the court order as regards the visitation of the child you can file contempt petition in high court .

3. Without counter attack matrimonial disputes does not resolve easily.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The supreme court judgment ordering 25% pertains to that case.

Your case has already been decided hence if you are aggrieved then you may file a revision before high court/appellate court only.

The court will not interfere in your sentimental grievances, if your wife is not allowing or poisoning the mind of the child, then court cannot interfere in this becasue it is not an offence, legally.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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