Advocate Sibi Joseph K.

Questions Answered by Advocate Sibi Joseph K.

Q: Legal procedure to claim for maintenance

My husband wants to divorce me. But I don't want to get separated. We got a 2-year-old baby boy. I have a small job of salary 25000 per month. Am an M.tech holder. He is forcing me for divorce shall I ask for maintenance charge to take care of my son. He wants to marry another girl. I don't want to marry again. I want to live for my son.

Advocate Sibi Joseph K. answered
Hi,You challenge his dicorce petition before the court . your son is entitled to get maintanance from his father. you are also enttiled to get compensation and the gifts whick are given by your parents at the time of your wedding.

Q: How to proceed further after filing divorce petition in the court?

I've filed a divorce petition and got an acknowledgement that the other party have accepted it. What would be the next step. How would I know whether they have consulted any lawyer or what would be the maximum extent they can go?

Advocate Sibi Joseph K. answered
Hi,The case will be posted for counselling. After counselling if the case is not settled it will be posted for the objections of the other. After filing objections the case will be posted for evidence.

Q: Complaint against wife for sending fraud notice for physical torture

Sir I'm doing job in Indian Navy and I got married on 28 may 13, I'm only erning member of my family so I'm looking after my mother and younger brother but my wife and her family don't like it, and always stopping me to help my mother and brother. So I bought her at my duty station at Kochi but she was not happy with me and she started miss behave with me or not doing any house work or not making food for me. 14 April 17, I send her at my home town (Baduan) for attending marriage of my cousin along with return ticket because I was unable to attend marriage due to my Ship's program but she didn't attend marriage of my cousin and she went her father's home Lucknow, when I called her father but he using bad lagguage on phone . Now she send a letter to my commanding officer and my wife and her family are blaming on me and my family for maintal harassment and physically taurcha and saying I don't want to live her. And she demand money per month for maintenance .

Advocate Sibi Joseph K. answered
hi,As per the law you are bound to protect and maintain your wife.alimony to be awarded is at discretion of court . it depends your income , years of marriage, life style of husband etc.the amount of alimony to be paid cannot be fixed by law as it varies from case to case; the most important aspect is to maintain a balance while deciding the same. In divorce cases, the courts must factor in the wife’s status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort considering her status and mode of life she was used to when she lived with her husband.