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How to plead innocent in mental torture case and lower the maintenance
14-Aug-2023 (In Family Law)
1.Accusations of mental torture before and during pregnancy for 4 years and after delivery for 7 months. Two years out of matrimonial house. 2. She Refused to come back. 3. I send 5k each month with other supplies and visit twice to meet kids (twins). 4. June onwards lot of obstacles to meet the kids. Abusive language in front of kids. 5. August received legal notice from family court for 50k kids maintenance (not for her since she is working) with all allegations of mental torture (me and my mother) and mentioning fear to return. My salary is enough to pay 50K. 6. Is it not required by her to prove the allegations? 7. How much chances to get the case in my favor. 8. What are the current expenses that i can show to reduce amount. 9. m-in law draws some pension and wife works. No one else works. This money will not be used for my kids. 10. Can abuses be mentioned to reflect their characters? 11. Is maintenance still payable if she refuse to return? then it is onesided.
Dear Client, in my opinion you cannot be ordered to pay 50,000/- maintenance without giving notice to you first. Your notice/document which you have received needs to be seen. However, answering your question yes there are number of strategies we can adopt to lower maintenance. If it is a court order, we can even appeal against it in the High Court. The underlying principle in maintenance for children is 'best interest of the child' however, your income, expenses, liabilities, everything has to be taken into account for quantifying an appropriate maintenance. You cannot be ordered to shell out all your hard earned money to give towards maintenance of your wife and children. Kindly fix an appointment with me. We can go over multiple strategies which we can adopt.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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the legal advice in the said matter can only be provided only when we get a chance to witness the allegations laid down by the opposite party . Prima facie, this seems to be a case wherein you have been unnecesarily harrassed.
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Adv. Shobhit Shukla
Delhi | 25+ Answers
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if court issued the maintenance for her you have to pay no matter where she is spending if court not issued this you can file a case against her for this but unless or until i don't know about the case actually what happened i can not help as you want if you want relief you should come to me i ll tell you
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Adv. Akash Saini
Delhi | 25+ Answers
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