Legal Question in Family Law in India
I am fighting a maintenance case for my 2 children at magistrate court in Bangalore from the past 1 and half year. on 19th Nov I have to give evidence. I just want to know what is this evidence statge in a case and how importatnt it is? Is this towards the final statge in my case.as its 3 yrs since i am separated with my 2 minor kids. I also want to know if my husband is earning 2.5 lacs per month what amount per head for my children can i pray from the court as maintenance? I ahve not asked for anything as I am working and paid 30000 per month. am I entitled for anything ?
3 Answers from Attorneys
You should seek guidance from your lawyer who is conducting the case.
Maintenance can be 1/3 of the income of husband as a thumb rule depending upon the Magistrate, now calculate. Whoesoever files the petition has to give evidence first, so you will give evidence- after the closure of your evidence - may be on one date or the other- your husband will give evidence- may be in one go or may more. Firstly you will be cross-examined by the other lawyer, similarly your husband will be cross-examined by your lawyer. Then the case will be fixed for arguments- may take a few dates- the ultimate result is that you will have to wait atleast for another two years for the final outcome as your turn for evidence has come after 3 years. it is advised you go for interim maintenance for the children taht would be done immediately within 3-4 months.
depending on the facts of case and your husband's income you may or may not be entitle to maintenance
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