• Interim maintenance

Wife first time left my home on her own will  on dt. 01/aug/2013....then I reapeatetly requested her to come back but she refused it and didn't allow me to meet my two year old son  then I filed visiting rights I got visiting rights in mediation ...now she filed RCR u/s 9 of HMA on Nov.2013 ...after some days on 1:1:2014  she  filed u/s 24 of hma claiming 25 k per month Interim mentenance  Supported by my salary bills which where asked for by her under RTI. I requested to the court I want her back with my son ...she got ready and come with me for to start conjugal life ..now on 28april 2016 she left my home by her will interest...Her father came to my home took her back his house  that time I was in office he told me on phone I m taking her at his home for 8-10 days but its two months passed she didn't come back. she filed taken on board application for 24 HMA ...they are planning to get High IM from court. She live with me from 22/05/15 to 28/04/2016
 I have her fathers (in-law) phone voice recording clearly saying that I m taking her at his home for 8-10days will brings back when anger get cool down also wifes two voice recording stating that she doesnt want to live with me means she deserted me on her own interest.......I talk to all their parties cleared that she is not interested to join with me ahead but she files section 9 of HMA  showing to court that she is willing live with me on paper also wife was contributory teacher before marriage and she Bsc and Master in computer means Post graduate .....my questions are 
1)How can i stop her getting "interim" maintenance ?
as i m having huge bills of expences that i had done on her n my child education admissions and clothing and toys which states that i kept them with gentle onus like others and have ill parents resposibility too.
2) would she ask rights for on be half of my son in my fathers property even if i m alive or not ?
3)It listen that wife's family members are indulged in some criminal cases base on this  can i ask custody for my male child (3.4)year old today to court ?  Or it is nessesary that child must be five  years ...i m having only visiting rights now ? Become anealated father ....
Asked 6 months ago in Family Law from Amravati, Maharashtra
Religion: Hindu
1) your wife is highly qualified and has worked in past 

2) wife cannot sit in home and seek maintenance from husband If she is highly qualified and worked in past 

3) your son had no share in grandfather self acquired property 

4) you can seek joint custody of the child . Since child is only four years old mother would get custody 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1.  You should inform the court that she voluntarily abandoned the matrimonial home which can be termed as desertion  and since she is staying away on her own without any valid reason, she is not eligible for maintenance. You should express that you are ready to take her back even now if she is willing to rejoin, hence the IM petition is not maintainable. 


2.  Even you cannot claim a share in your father's self acquired property during his life time hence your son is not at all eligible to claim any such share not only in your father's property but even in your own property, hence you need not be worried about it. 





3.  You can quote that reason as the ground for seeking child custody.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1. To stop her from succeeding you have to prove that she left the home without any justified reason and moreover she has sound education qualifications to work and earn.

2. Your liabilities i.e parents have to be taken into account before fixing the quantum of maintenance.

3. During the lifetime of your father his son much less grandson does not have any rights in his property. Your father is free to make a will to devise the devolution of his property after his lifetime.

4. Depending on the provisions of criminal law slapped against your wife's family members you may maneuver this in your favour in the court.
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0
The child is being sandwiched/suffer due to the egoistic attitude of the parents.
From your contents it can be seen that your wife rushed up to admit your child in a school more than one month ahead of you, whereas knowing about the fact of this admission well in advance, you have done this act deliberately.  This is how she will project and present before court to counter your petition, if you file one in this regard.
The court may go by the evidences only and not be sentiments, so think what can be done next, better to leave the matter as it is and try admission next year.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1) welfare of child is paramount consideration 

2) decision has to be taken by parents in the best interest of child education 


3) in the event of disagreement between parents you should move court and seek orders to direct child be admitted in particular school 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
There can be no 'win' for anyone in this through the process of law. The parents have to mutually resolve this dispute as the court would not issue any direction to either parent to admit the child in a particular school. 
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0

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