Nilesh Chopade
Asked October 31, 2016

High demand of Alimony

  • 2 Answers
  • 657 Views

Hii, My friend was married 12 years back. He is not well educated and is managing somehow to earn. He has also got a baby daughter. Now his daughter is of 7 years old and his wife is not staying with him from last three years. All his family members and he tried a lot to bring her back but she denied to come back to him. At present she is living with her parents at Indore. My friend is ready to look after her and the daughter if they came back but she has registered a case in indore family court asking for the alimony of rupees 5000 per month. Now the court has also sent warrant for my friend to pay the alimony of rs. 20000 for last four months. and his earning is also not that much . more over he is ready to patch up but his wife and inlaws are not. His parents are also dependent on him. He even do not earn much to seek the help of a lawyer. Please advice as early as possible on this matter so that we good people can help a helpless on this Diwali occasion. Thank you, Nilesh 09665350183 feel free to call if you want to advise or reply

Answers 2

Has he taken any legal steps to restitution of conjugal rights?

He will have to pay the maintenance for both his wife and his daughter as he is legally bound to. He will have to satisfy the judicial mind of the judge as far as his incomes are concerned so that the court may reduce the amount of maintenance.

Agree Comment 0 Agrees almost 4 years ago

Default avatar
Srija Choudhury
Going by the facts it is safe to assume that the situation is not inside the closed boundaries of the house. First and foremost step towards handling this issue would be that your friend should to go to Indore and try to amicably settle the matter point by point with his wife and in laws. Matters like these need a lot of patience. Ideally, before the matter gets to court, there are a lot of negotiation processes which the court itself orders both the parties to go though before taking any further step. These negotiations involve personal interaction as well as interaction in the presence of the respective advocates for both the parties. By the acts of your friend’s wife, your friend is eligible to file a divorce petition on the grounds of cruelty and desertion. Generally the question of alimony comes until and after divorce. Since your friend has monetary issues, he can seek help of Legal Aid centers which are instituted by government help and other NGOs to appoint an advocate by his side. Local law colleges also have legal aid assistance. Lawyers who are affiliated to such institutions work at a very subsidized rate and also pro bono if need be. He should not pay any money until and unless the matter is settled in court. Your friend should immediately contact a lawyer through these legal aid centers to help him out of this chaos.
Agree Comment 0 Agrees almost 4 years ago

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