How do I file a maintenance case for my wife and child in the Kolkata family court?
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Below is a comprehensive legal analysis based on Indian law for your question.
You can file a maintenance petition in the Family Court established under West Bengal Premises Tenancy Act 1997 at Kolkata for your wife and child, claiming monthly maintenance under the relevant personal law and the Code of Criminal Procedure. The petition should set out the income of the spouse, the needs of the dependants, and the standard of living, and the court may grant interim maintenance pending the final decision. The Calcutta High Court has held that maintenance must be awarded on the basis of the earning capacity and not merely the actual income, and that the dependant should not be left in destitution. The Family Court follows a conciliation-first approach under West Bengal Premises Tenancy Act 1997, and you should be prepared for mediation before the evidence stage. Collect salary slips, bank statements, and the marriage certificate, as these are essential to establish entitlement and the capacity of the spouse to pay.
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