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Wife living Separately For 10 Years And Now Claiming Maintenance
06-Aug-2023 (In Divorce Law)
My younger brother married and had twins. We had tried to bring her back by all means but failed. He had filed case under conjugal rights and couldn't get any resolution until 2-3 years of hearing. He at last married after 7 years of separation without getting any divorce decree from court for look after of child and aged parents. After 10 years his wife has sent notice on maintenance and charged 498A on entire family. Went for settlement through mediation centre but her mother is adamant on not resolving and asking for other child who is now 10yrs old to be handed over to them and give a house in name of wife and monthly maintenance. SHe is also giving false statements of torture and dowry harassment trying to harass us. Is there any resolution to get out of early settlement or can they take custody of second child who is leaving with us for 10 years. My brother works at Mumbai and he is in mental stress attending hearings every month at Sitamarhi court. Religion Hindu
I think . You have not government job. You working private job. So you say court that I have not any work . So I am not earn money .how I can pay maintenance .I am depend on elder brother. So I am not paid any maintenance .
Best of luck
Best of luck
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Adv. Ashutosh Kumar Shukla
Patna | 25+ Answers
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Charge under 498A was inflicted on family within 7 yrs of marriage or after that ? If after 7 yrs then 498 A has no leg to stand. File a quashing application before High Court , you will get remedy. Under Hindu Law 2nd marriage is not permissible without divorce of 1st wife. However, you will take all the plea of the prevailing circumstance led to remarriage. I think court will take lenient view in favour of your brother. So far as custody of child , I think no court will allow custody to mother after 10 yrs.
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Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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Kindly find a petition fr early hearing of the case plus you people also file a complaint case before the judicial magistrate explaining the whole against the wife and making false complaints against you.
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