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Wife filed a maintenance case in other city what should I do
12-Nov-2023 (In Family Law)
My wife left me on 22.01.16 alongwith 3 year old son.She tried to file a complaint under dowry act but later took back her complaint & in written had stated that she is taking back complaint & will approach through court.I also withdrew my complaint against her brothers who had given life threats on phone.(I had recording with me).Also in counseling session it was clearly recorded that husband is willing to live with wife but wife is not willing.Now after 9 months she sent a court notice demanding a maintenance of 18000 P.M. My query is-1.What will be the maintenance amt.My total salary is 35000 and I am getting 30000 after deduction and also I a having a housing loan deduction of 16000 which brings the salary down to 14000.2.Should I file a RCR now 3.Should I not receive the notice now (through my links in police) so that I could have sometime to think.3. Should I go for child custody 4.Finally can I revive the complaint made against her brothers made 9 months back.Please help out
1. Court will decide justified maintenance amount, not the amount which is claimed. Justified amount of maintenance will be decided keeping in mind your actual economic liabilities and burdens.
2. Yes, you can file a petition of RCR now. It will help in the maintenance case filed against you.
3. You should not illegally avoid notice. Using contacts in Police for avoiding notice is wrong and illegal.
4. Your son is just 3 years old, his natural guardianship will be with the mother until the age of 5. But, you may have the right to meet your son periodically.
5. The complaint which was filed by you against her brothers cannot be revived now. Nor she can revive any Police complaint against you previously made.
Advice:-
Just fight the maintenance case and file the RCR.
2. Yes, you can file a petition of RCR now. It will help in the maintenance case filed against you.
3. You should not illegally avoid notice. Using contacts in Police for avoiding notice is wrong and illegal.
4. Your son is just 3 years old, his natural guardianship will be with the mother until the age of 5. But, you may have the right to meet your son periodically.
5. The complaint which was filed by you against her brothers cannot be revived now. Nor she can revive any Police complaint against you previously made.
Advice:-
Just fight the maintenance case and file the RCR.
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Adv. Sandeep Naik
Indore | 200+ Answers
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