Legal Question in Family Law in India

sir, my salary is rs. 19000/- per month and my wife salary is rs 20000/- per month, this wat i know she was earning last we got seperated. now we are living seperately for 6 months , i hav 2 year kid son, i wish to know that wat amount court can direct me to pay my wife/son for thier maintenece .son is with my wife. my lawyer told me to file a case to bring my wife bak under sec 9 i m not sure about section, that wife can not abandon her husband without proper reason . its been 9 year we got married.and second she does nt let me and my mother meet to my son/grandson. my age is 34 and my wife is 32. wat formula court generally adopt in paying maintance to wife even if she is earning or for son upbringing. can i amd my mother both can get visiting right weklty to met son. thx
gagan mittal

Asked on 11/03/10, 11:14 pm

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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Dear Mr. Mittal:

since your wife is earning, she herself will not be entitled to any maintainance. For son, the burden of his actual expense has to be shared by both H & W, as they both are earning. You have been rightly adviced to file for Restitution of conjugal right under section 9. also you may move for your and your mother's visitation right under Guardian & Wards Act. You certainly are entitled to visitation and could would grant it.

Answered on 11/03/10, 11:47 pm

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