Legal Question in Family Law in India
My wife left me in 1996 leaving my twin children aged 3 years with me.She went away with another man which she has admitted in a letter written to me and also said sorry for leaving me like this.This letter has been produced in court and she has admitted this in court.
I have brought up my children from age 3 years till date all alone.She was working in faridabad all these years and in spite of trying my level best she did not come back. She is well qualified and has worked for more than 15 years.Suddenly she quit her job on her own citing health grounds and filed a case after 13 years i.e. 2009 for divorce claiming interim relief under section 24 and also permanent relief. Again after 2 years of filing this case she filed another case in 2011 under DV act 15 years after sepeartion for which I am paying Rs. 8500 per month as interim relief. I also lost my job in 2011 as she wrote a letter to my employer. Now I have no fixed income. She has not been able to give any proof about torture, abuse or any such thing. Please help me by saying under desertion which is proved or leaving on her own being qualified and capable of earning is she entitled to pendente lite or permanent alimony? If she can fight 2 legal battles in two different courts why cannot she work since she is qualified and has sufficient experience?She has abandoned her own small children aged 3 years. Now she is also having a son who is illegitimate which is also proved through face book posts of both the son and the mother.She has said that the child is adopted, but does not have any paper to prove the same.Please give me correct advise so that I am not penalised for no fault of mine.If possible please cite judgements of similar cases where pendente lite was denied under section 24.I shall be highly obliged for your reply
1 Answer from Attorneys
1) She is entitled depending upon facts.
2) Consult the lawyer appearing on ur behalf who can explain better in detail based on facts and proceedings of the case is his prime duty paid for it.