Legal Question in Family Law in India

Re: Harassment For Excessive Maintenance By Wife,HAMA 1956

well, her demands are not wrong; she may get about 40 percent of your monthly income; please remember that presently she has no source of income; and she is also to maintain a child; the best course for you would to make an effort for reunion; bring her and the child home and try to live a peaceful happy family life.

Re: Harassment For Excessive Maintenance By Wife,HAMA 1956

she can demand whatever but if u show that u are not earning that much then u can save urself.

dont worry about whatever she is demanding. she will get only if she is able to show that u are earning that much.

wear bad cloths in court to show that u are not earning much

For further and detailed advice please contact personally. Consultation charges will apply.

Re: Harassment For Excessive Maintenance By Wife,HAMA 1956

dear tusharm,

firstly, your wife deserted you without a sufficient cause and this is a very strong defence for you in her claim for maintenance. you may prove to the court that she had no valid grounds to leave her matrimonial home. secondly, you may file a divorce petition on the grounds of cruelty and her denial of you meeting your own daughter is also mental cruelty being inflicting upon you knowingly. in case you want the custody of your daughter and visitation rights, you may file the appropriate petition for that as well. your divorce petition clubbed with custody petition would prove out to be a valid defence in her maintenance petition and it would be difficult for her to explain why is she staying apart.

regards

rajiv gupta,advocate, delhi

Re: Harassment For Excessive Maintenance By Wife,HAMA 1956

maintenance depends upon the person who is giving and the eligibility person receiving. There amount should be reasonable to give them a decent livelihood. you can file an affidavit that your income is below the taxable limit and hence you have not filed I.T. returns.... that you are a free lancer ... and that you do not have afixed income.... the bank loan papers may be used as supportive evidence.... you can also try proving that she has been working previously and that she is capable of maintaining herself.... normaly when you ask for the custody of the child then things will take a new turn! may be favourable! consult a family lawyer!

Re: Harassment For Excessive Maintenance By Wife,HAMA 1956

It might be petition U/s.18 & 20 of Adoption & maintenance Act and not under HM Act.Forget her claim.Let her prove her case. court will fix mintenance as per your income and your income tax return is vital proof of your income.So,go ahead.

Re: Harassment For Excessive Maintenance By Wife,HAMA 1956

Demand of your wife are under remedies given by law which you cannot stop.

Defend tne case filed by your wife by pleading all these facts in the reply. Salary silp, bank statements and loan liabilities and your other liabilities if any. You may contact mefor further query

Re: Harassment For Excessive Maintenance By Wife,HAMA 1956

good morning..

in this case the demands of your wife cannot be overlooked as they are initiated remedies under the procedure of law. well you can defend the case with evidences in support of your salary slip etc. etc.

for further guidance plz call up me

Re: Harassment For Excessive Maintenance By Wife,HAMA 1956

If you sincerely want your wife back home, you may consult a lawyer and think of filing an action for restitution of conjugal rights. Now, on the point of your inability to pay higher amounts of maintenance, you must collect all documentary evidence and produce them before the court with a petition to reduce the amount of maintenance based on the actual income.