Legal Question in Family Law in India
Maintanence
My wife had filed 498A and 406 and she has filed for Maintaence also... but on investigation the Police have given me FAD(Further Action dropped) report. Apart from this my wife and her father had filed 3 other police cases and all the cases were dropped with filing Charge sheet by the Police and they have given report that my Father-in-law has lied ,so they have closed the cases.
In these circumstances will the Court grant Maintaence to my Wife? Her adovactes have taking adjournemnts for the past 16 times and the case is 2.5 years old.. She has filed an IA for interim maintence on my divorce petition and also seperate petition under 125 for maintaence and I have filed for custody of my 4 years old daughter along with visitation rights and all are pending.... How can I get divorce immediately as I am tired of all this?
4 Answers from Attorneys
Re: Maintanence
File divorce petition attaching all the false compliants. you will get divorce on cruelty grounds. Moreover defend your 125 case through a good lawyer, i assure you will win.
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Re: Maintanence
proceedings for divorce will take a long time if contested by your wife, so try to find an amicable out of court settlement and only then you will get the divorce by mutual consent
Re: Maintanence
only you can get decree of divorce as early as possible by mutual otherwise court proceding take time.
Rajeev Singhal
Rajeev Singhal & Associates
256, opp. Chandi Ki Taksal,
Jaipur, NUS
302002
Re: Maintanence
(1) there is legal method providing for "immediate" remedy.
(2) You may still be liable to make payment of maintenance amount to your wife.
(3) The total amount of maintenance may be fixed by the court by clubbing both the proceedings; however, you may start voluntarily making a reasonable payment to avoid any adverse order/observations;
(4) You may be granted visitation rights to meet with your child; however, you may be required to make payment of child support regularly.