Maintenance of child and my future
I am 37 and my wife is also 37 and having 2 years old daughter. I am working as a govt. servant and drawing salary 21000/- Pm and my wife is also working is a assistant professor and drawing salary 50000/- pm. She is living separately since 2 1/2 years with daughter.
I tried to bring her back but she is not ready. I filed as petition in Kutum Nyayalaya u/s 9, that is still pending since more than 1 year. After getting notice of u/s 9 she filed a case in Domestic Violence Act. this is also pending.
Now she is demanding rs. 10000/- for child maintenance. and Neither she is ready to live with me nor she is ready to give divorce. She never appear in any court for Sulah Varta.
Please tell in this situation did i have 2 pay 10000/- for child maintenance and what i do now . Please help me.
Asked 4 years ago in Family Law from Bhopal, Madhya Pradesh
you will be require to share the maintenence of child which in my opinion will not be more than 5000 as your wife is also earning
Advocate, New Delhi
1. If she does not attend the court to contest the section 9 case which you have filed against her then court will decide the case in your favour without hearing her.
2. If the case has been sent to conciliation and she does not appear therein then the counsellor will file his report against her to court.
3. Financial supporting the child is the legal obligation of every parent. Law enjoins a duty on both the parents to financially support their child. So court will order you to pay maintenance to child. The amount may be 10,000/- or less. It will be decided by court alone.
4. If she is not ready to give divorce then you may unilaterally apply for divorce on the ground of spousal cruelty.
1) since your salary is only Rs 21,000 per month the amount of Rs 10,000 demanded for child maintenance is to steep .
2) your wife is earning rs 50,000 per month . it is the responsibility of both parents to shoulder responsibility of the child .
3) under the circumstances an amount f rs 5000 per month would be reasonable .
4) if your wife is not willing to come back filing of RCR is useless .
5) better arrive at an amicable settlement wherein she with draw DV and you with draw RCR case .
6) go for divorce by mutual consent
Thank you So much to Rajeev Sir, Ashish Sir, Ajay Sir to give your valuable time to answer my question.
After filing the RCR case, after the more than 20 hearing and court call her to many times, she is not appearing, now when court send her a letter directly through registered post, the post man bring the letter back and inform that she is not living in the given address.
During the all these problems, i became the patent of Major Depression Disorder (MDD) and High Blood Pressure in this early age. I am treating by a well known hospital of MDD since last 6 months.
I tried to convince her to live together or to take divorce by mutual consent, but she is not willing to even talk on any subject. I even dont know what she wants for our future.
She also make party to my mother (Age 70) in DV act while my mother is living in another city. The scene is become very tough for me.
Asked 4 years ago
do not worry so much ,you can state this fact in court
Advocate, New Delhi
If she has not appeared even after 20 hearings then RCR case ought to be decided in your favour without waiting any more for her. No one can be allowed to waste the precious time of court. At the next hearing your lawyer can request the court to pass the order.
You may file for divorce on your own accord if she does not agree to mutual divorce.
Your mother may move High Court for quashing the DV case against her.
when she living separately since last 21/2 years, how she is going to prove DV since there is no domestic life between you two?
your mother is living in another city. your mother should make an application for quashing of complaint in HC . in any case your mother need not attend court . she can be granted exemption form personal appearance until further orders .
RCR case is counter productive . even if you get orders you cant force your wife to stay with you .instead of RCR you should have filed for divorce
after RCR decided in your favour you may file divorce on ground of desertion. RCR judgement can used in your favour in divorce case
Advocate, Greater Noida
Thank you soooo much to Rajeev Sir, Ashish Sir, Rajni Ji, Ajay Sir and Avdesh Sir
Asked 4 years ago
thanks for your appreciation
Thank you for appreciation.