Legal Question in Family Law in India
Sir
My case for divorce on the grounds of desertion and cruelty is pending before thr Family Court. I have two children and I am not even allowed visitation as they continue to live with my wife for the last four years. My wife is employed and she had filed a petition for maintenance for her children and the claim by her , Rs.5000/- each for the child aggregating Rs.10000/- has been granted as interim payment.
My Gross salary is Rs30000/- and after tax and other deductions, the net salary is only 23000/- Whether thc Court was correct in allowing maintenance of Rs.10000/- , 1/3 of my Gross salary. Kindly clariy whether I can contest the order and go on appeal.
S.Nallasivan
2 Answers from Attorneys
considering the rising prices, the maintenance granted by the court is fair but you can seek visitation rights to your children as the children should also enjoy and feel secure by your presence. morally, you should not dispute the maintenance amount but make sure that the same is actually being exhausted for the studies and other basic needs of your children.
you have to file revision in high court.
Good luck
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