Legal Question in Family Law in India
We married in a Hindu kovil. Produced College TC as religion proof. Lived together for 2.5 years and now seperated for another 2.5 years . We have son aged 4 years and 3 months as of now, from the date of seperation living with my wife. When my son is 1.5 years old my wife said she has believes in Christianity and she wants follow that religion (becase her mother converted herself to christianity). Also her father started taking my son to Church every Sunday. Problem went to a peak , police were involved, finally I filed a case at family court for divorce and child custody.
After about an year I got visitation right every weekend for 2 hours. Then I went to High court and got an order to have my son with me every other weekend including saturday night (sat 10 am to Sun 5 pm). I got this order not simply but spending a big money and also fighting very toughly.
My wife says she has converted legally herself to Christianity in 1995 and she has the certificate for that. But not yet produced in the court. I am ready to prove that she was an Hindu by the time she marries me. I have got the TC certificate from her college through Right to information act which says she was an Hindu, which is in 2002. This was the certificate we have submitted to kovil by the time of marriage for religon proof.
I am earning a salary of 25000 pm and she is earning 12000 pm. Court has passed an intermim order to to pay her as maintainance Rs 12000 per month. Including the pending 2.5 lacks.
But as per my search Hind Adoptions & Maintenance act says Claimant to maintenance should be a Hindu (No person shall be entitled to claim maintenance under this chapter if he or she has ceased to be a Hindu by conversion to another religion. ).
There for I have gone to high court for an CRP. In High court without opening the bundle the judge has dispossed the case saying that this is not the right time to decide this.
I have now gone to supre court and waiting for the result.
THE REAL FACT IS I AM THE ONE SUFFERING THE LIFE BECAUSE OF THIS ISSUE AND WITHOUT MY SON.
1) Why court is passing the order without any arguments or clarifications about the fact? Even if it is interim order, when I have the gut feeling I am right my heart does not allow me to pay for a wrong person.
2) I will not pay the amount even if the supreme court has ordered to follow the family court order.
If I do so what will be the action by court. How can I fight this?
Please guide me.
MY ONLY AIM IS MY KID HAS TO LIVE WITH ME AND AS AN HINDU.
3 Answer from Attorneys
Interim maintenance shall have to be paid. Or else you may be imprisoned. For further detailed reply consult a proper lawyer; who may be able to guide you appropriately.
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