My wife had files Domestic Violence and Divorce case in Dec. 2018 where she had mentioned two addresses i.e. her Parents' residence (Current) and where she was living with me in my rented Residence. Since Nov. 2018, she is living with her Parent's place along with our two Sons (14 yrs and 9 yrs old). She left my Rented place without any discussion, intimation and in my absence. I had waited for her return till Sept. 2019 in the rented house but now I lost hope. So, now I had shifted to my parents' place and felt like to serve my old parents instead of waiting for her. Please tell the advantages of the followings: 1. if I inform and update Court about my latest address and if yes then how? or 2. If I don't inform the Court Apart from above, I have a few more following queries: 1. My wife is a gainful government employee who is earning Rs. 80,000/- pm (in gross it goes upto to Rs.1,00,000/-) whereas I am earning Rs. 30,000/-pm. She is showing interest to give me the Kids. Please tell what to do? 2. In case, she'll keep them then how much suitable amount, shall I have to give as kid's maintenance with respect to my salary of Rs. 30,000/- pm.? 3. The wife had filed a false petition which is malicious in nature and misuse of Law. I told the Judge about it which substantial reasoning, grounds and the actual situation at the time of separation. The judge had sensed and questioned their evidence and suitable grounds. I and my parents are all knew that she is lying in the Court and statements given in the Petition, don't match with any of the discussion held in the court and even in mediation under Section 9 filed by me. Please guide, do we need to file a counter case? If yes then under which sections of any statutory law? Please mention the Statutory Law and relevant sections. 4. There is also a complaint in CAW Cell which is also under mediation since Mar. 2019 and it is still pending. During the entire discussion held in the Mediation center, there was no discussion on any Domestic Violence and Dowery cruelty/ atrocity. So, I wrote to Dy. CP and mentioned that my wife is trying to frame me to create pressure. 5. What remedies are available for a Husband if his wife and her family (parents and brother) did the Atrocity and Cruelty with the Husband? 6. What would the end of this false case? 7. What shall I do, if my wife demands more than my earning capacity?
She had given 2 addresses and one of them is your parent's address where you are shifting. Therefore there would be no problem.
She is earning more than you and hence is not entitled to maintenance and in fact if you keep the kids then she should support the kids.
Tell your parents to file a case against her for domestic violence.
She cannot be given any amount she demands. In fact she cannot be given anything as she earns more than you.
Regards
Earning wife not entitle to maintenance, but she can claim maintiancne for children as both parents are responsible to contribute in children expanses .
Secondly, you are not missing court hearing, so update new address or not may make make any difference. On next hearing can tell the court about new address, same will enter in court file by court reader with your signature on order sheet.
If you have been physically assaulted and/or threatened by her brother and father, can file police complaint agasint them.
You should accept sole custody of your children
2) you may have to pay around Rs 8000 as maintenance for children if your wife is awarded children custody
3) you can file case of defamation against your wife for maligning your reputation
4) you can file for divorce on grounds of mental cruelty
5) you should produce your income tax returns for last 3 years to prove your income
Dear Sir,
Produce the following documents in your defense:
Q. Can I bring some facts to the judge and get my maintenance reduced?
A. Yes.
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA).
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc.
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance.
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).
working and well earning woman not entitled for maintenance.
For children maintenance both parents responsibility to pay maintenance. You should agree for sole custody and claim maintenance from your wife for children maintenance.
Only the non-custodial parent's income is considered. The flat percentage of the non-custodial parent's income that must be dedicated to child support is 20% to 25% percent for one child.
You can file divorce on the ground of mental creulty .
You can make application or affidavit and inform.
If you don't inform then it's ok it's her duty to inform. Only inform if it affects you.
If you want to get custody apply for the same you can claim maintenance from wife
you can file a counter case only once you get acquitted from the above cases.
Remedies are filing cases against her for defamation, false prosecution and using the police machinery for her person benefit
End can be settlement with your wife or contesting the same till disposal.
Contest the case don't pay the said amount in excess
If you want to be informed about the latest progress, you can get the information through your court or attend the court regularly.
Once you've already been served with notice and you started attending the court you need not take any steps to inform court about change of address.
She will not be eligible for maintenance however she may ask for maintenance for children.
2. You produce documentary evidences from your side about your income so that the court may decide to award25% of proven income.
3. You can challenge her false cases properly instead of filing any false case against her.
4. You will not get any relief from him.
6. You strongly fight it out.
7. You can deny based on documentary evidences in your support.
1. It is not mandatory to inform court about change of address if you are appearing for every hearing in court.
2. If she is ready to give you children then you can take your kids if you want to.
3. If she doesn't give you custody of children then you have to pay for their maintenance according to your salary.
4. It will not be beneficial to file counter cases against your wife at this stage
5. only remedy available is to file divorce petition on ground of mental cruelty
