1) if there is substantial difference in your income wife is entitled to maintenance .you have not mentioned what is your net income after taxes

2) you should take the plea that wife is highly qualified and working and not entitled to maintenance

3) if you are able to prove wife guilty of adultery court would not award her maintenance

4) you should deny her allegations made in divorce petition

5) please note that contested divorce proceedings take 5 years to be disposed of

6) mutual consent divorce 6 months

1. Yes,you can apply for interim custody or visitation u/s 26 of HMA in her divorce suit.

2.If she works then you are not liable for maintenance.Even if maintenance order is passed the amount would be negligible/

3.So produce your income.once income is proved the court would reject her maintenance.

4.If you show proof of her adultery then her case would fall flat on face.

Dear Querist

My opinion on your queries are as under:-

Can i apply for interim relief to meet my child ?

Opinion:- you may file an application under section 26 of Hindu marriage act for child custody and the court passed an order for visitation in favor of you.

. I am given to Understand that the interim relief can be filed only with my written reply. I dont think so. I think i can file it as soon as case goes to counseling. Am i right ?. I havent seen him for 1 year.

Opinion:- past can not be change now, so go ahead and file the application now.

To be honest i want to file criminal case agai

- I am given to understand that if i dont pay 15 lakhs, then i will have to pay 50,000 /month as maintenance (my wife works and she has salary of 60,000 per month). i dont agree as i believe that cruelty demonstrated by my wife will make me eligible for divorce without maintenance. Am i right ?.

Opinion:- as she is earning and able body hence she is not entitled to get any maintenance.

- How do i defend against the interm maintenance relief which i will have to pay from March 2017. I am ready to pay for expenses of my child .

Opinion:- prove it that she is earning and prove it that she left your company with her own without any sufficient reason.

- Her petition is nothing but a bunch of lies and i have all the proofs to debunk most of them. What should be my strategy?.

Opinion:- immediately file your reply with an application under section 340 of Cr.P.C. for the offence of perjury. Fight the case on merit and take help of lawyer who deal in matrimonial criminal cases.

Shall i ask her to come back to save on maintenance (I dont want her back now) ?. What should do?

Opinion:- fight the case on merit, no need for reconciliation, you will win those cases.

Feel free to call

Interim relief can be pressed for at any juncture and not with the written reply. therefore, ask your lawyer to press for the same.

You will not be ordered to pay 50:, however being the husband you will have to pay some amount to wife as maintenance, this can not be looped. Yes though you will have to pay less maintenance.

if any order of maintenance is passed then challenge the same before the HC.

Refute all the allegations para wise.

Share the copy of her petition in order to seek appropriate and concrete advise.

Regards

Yes, file an application under section 26 of the Hindu Marriage Act to seek an interim custody of your child.

Yes, the application under section 26 need not necessarily be filed with your written statement. You can file the same at this stage at, before filing WS. You can also seek interim relief in the child custody case filed by you.

Though you will ultimately have to pay some maintenance/alimony to your wife but it will not be as much as you are being told.

You are only liable t pay for the child as she is earning and supporting self. Interim maintenance, if any is granted can be challenged before the High Court.

File a meticulously drafted written statement in repose to her baseless allegations against you.

Engage an able lawyer handling matrimonial matters.

1. RCR is of no use.

2. Under the given circumstances, you should file a divorce suit on the ground of cruelty for deserting you for her paramour during your illness when you required her most.

3.She is not entitled to any amount towards maintenace since she is a well paid employee.

4. You can file the application for enforcing your right to visit your child and the interim application is likely to be granted at the earliest.

5. Engage a local experienced lawyer having expertise in this field.

Yes, you have right to show your love and affection towards your child, for that matter you need to file application of meeting rights with your child by which court can order any day of month when you can meet with your child.

You need to contest before the court of law that she is well educated and well earned lady so there is no need for any interim maintenance.

It would be better to negotiate with her for the permanent alimony and go for the contested or mutual consent divorce.

1. You can file a child custody case separately and ask for visitation rights as an interim relief in the same petition.

2. As far as maintenance is concerned she has to file a separate case seeking it based on the documentary evidences she relies upon on the salary and other income of yours.

You can deny the same and can express before court that she is not eligible for maintenance as she is employed and drawing a handsome salary.

You should produce the evidence supporting your pleadings.

You can accept to pay for your child and can refuse to pay to her owing to her employment and sustaining her expenses through her salary income.

If you are confident of proving her statements a bundle of lies, then you may challenge her claim accordingly.

Dont ask her to come back just to avoid maintenance, it is as good as inviting trouble for you.

File a suit for custody wherein you will get interim relief of visitation of the child also including temporary custody.

Continue sending expenses for the child which will help you in your custody case immensely.

Court would not award wife Rs 50000 as maintenance for child . When both are earning both have to shoulder responsibility for child maintenance

2) maintainenance would be awarded from date of application

3) maintenance would not be awarded retrospectively

No you will have to pay the maintenance from the subsequent date.

If the court give some maintenance to the child which is unjustified you may challenge the same before the HC.

1. Even if you do not file any case against her, she might file an application u/s125 of Cr.P.C. claiming maintenance from you.

2. Who has given you to understand that you shall have to pay Rs.50 k towards your child's maintenance? It is completely wrong. In your first post you have mentioned "I am given to understand that if i don't pay 15 lakhs, then i will have to pay 50,000 /month as maintenance". This understanding also is completely wrong. You shall have to equally bear the maintenance cost of your child along with your employed wife and the amount will be meager for you.

3. The maintenance shall have to be paid from the date of application of maintenance and it may not be even Rs. 5,000/- for your child which you shall have to pay from the date of filing the maintenance application which she has not yet filed.

4. You should now file a petition praying for enforcing your child visitation right.

Your notion is wrong.

The maintenance amount has not been ordered yet, hence dont presume the things

The court may allow the interim maintenance from the date of the said application before court of from the date of order also.

The question of 'why' cannot be raised because it is a court order moreover it is your son, thus it becomes your duty to take car of yor son, you cannot claim excuse that you were not allowed to see your son for the past one year.

You did not try to meet your son wither personally or through court of law.

Even now you can file a child custody case and apply for visitation rights as an interim relief.

You can seek interim reliefs in your application made for visitation rights as you have not seen your child for a year

2) you have to pay court fees on reliefs claimed by you

3) court fees is state subject and varies from state to state

4) you can do google search for judgments

1. On the next date of hearing you can request court to direct her to produce the child before court so that you can talk and spend a little time to the child in the court complex itself since it is more than one year that you last spoke to your child, and if this situation continues then the child will tend even to forget you.

The court may accede to your request.

If your advocate is not initiating this, you yourself can speak in the family court, the family courts do respect the sentimental feelings of the affected families.

2. Your lawyer is not guiding you properly in this regard.

The fee for counter claim is not to that extent, this is not a money recovery suit that you may have to pay exorbitant court fee.

This is just a claim made by you in this regard.

As you rightly opined that this will appear to be ridiculous and mere waste of time, energy and money hence dont venture into this type of baseless or absurd issues which will prolong the case much more.

3. There are lot of cases decided in favor of men too, you may have to look for the same by browsing some web sites meant for this.

1. Press for interim relief so that you are given the occasion to meet your child during the pendency of this child custody case.

2. This seems to be incorrect.

3. Check here http://menrightsindia.net

1. You can ask your lawyer to filing a Writ Petition before the High court praying for early hearing of the said case for which the H.C. might direct the lower Court to dispose of the said application with in next 6 months.

2. Filing application claiming ridiculously absurd amount will not put your wife in stress but will certainly annoy the court who might impose substantial amount towards cost for filing such application.

3. There is separate rule for charging stamp duties from State to State. In West Bengal the maximum amount for preferring such claim is Rs.1.5 lakhs.

4. There is no such Judgement in my knowledge passed by any court against the wife directing her to pay huge sum of money for acting cruelly against er husband.

1. You can file a writ under art 227 of the Constitution of India, for getting the case expedited.

2. Yes this is correct.

3. Refer to the following link:

https://www.facebook.com/notes/subu-subramaniam/happy-new-year-2016-38-cases-where-husbands-won-divorce-on-grounds-of-cruelty-/[deleted]/

Regards