Maintenance of wife
VIJAY
(Querist) 30 November 2016
This query is : Resolved
Experts,
My wife has filed huge maintenance and DV cases against me at her native place and forcing me for divorce.
She is working for a Private Telecom Company at her place and informed the court that she is not working and unable to maintain herself.
She is highly qualified having BE + MBA degrees as seen from the marriage invitation card that she has submitted to the court.
Please let me know how I can prove to the court that she is working and also I see some judgments from the Hon'ble SC that a well qualified wife can not claim maintenance and other from other courts. Please correct me if I;m wrong.
If I provide the address of the working place, is that enough for the court to summon the employer or can I go for RTI with the court's permission to get IT and PF details of her.
Please provide your valuable advice.
Rajendra K Goyal
(Expert) 01 December 2016
She may ask / demand any thing, oppose her claims on merit.
If you know the employer, call them for evidence through summons from court.
R.K Nanda
(Expert) 01 December 2016
nothing to add more.
Kumar Doab
(Expert) 01 December 2016
Agreed with experts.
Devajyoti Barman
(Expert) 01 December 2016
You can either summon her employer to give evidence in court or file RTI reply, if any.
P. Venu
(Expert) 03 December 2016
What is the opinion of your advocate?
Rajendra K Goyal
(Expert) 05 December 2016
Author need to reply the question regarding opinion of your lawyer.
VIJAY
(Querist) 05 December 2016
I had filed transfer petition in Hon'ble SC and it's been 18 months now and the respondent took 1 year and did not file reply and our SC lawyer played a game with us by dragging it as he is from a place close to the respondent. Now the case is posted to January in SC.
I don't know whether I have to pay the maintenance for the time spent for the transfer if the local court gives it's judgement.
Our local advocate says he'll argue based on merits that their family is well off and she is highly qualified and if I can some how prove that she is currently working we'll have relief from court.
First of all petition from men are dismissed 99% of the times and when it accepted we have these issues. The system gives us the impression that don't expect justice against women in this country, it is better to pay her out or suffer with your family.
What kind of system is this where justice works one sided and extremely favourable to one gender.
Rajendra K Goyal
(Expert) 05 December 2016
You said:
I had filed transfer petition in Hon'ble SC and it's been 18 months now and the respondent took 1 year and did not file reply and our SC lawyer played a game with us by dragging it as he is from a place close to the respondent. Now the case is posted to January in SC.
Reply:
Due to large no. of cases pending in Supreme Court, delay is natural. The facts given by you are no proof that your lawyer was managed, if you have lost the belief in him change the lawyer.
Rajendra K Goyal
(Expert) 05 December 2016
You said:
I don't know whether I have to pay the maintenance for the time spent for the transfer if the local court gives it's judgement.
Reply;
Act on / wait for the court orders.
You said:
Our local advocate says he'll argue based on merits that their family is well off and she is highly qualified and if I can some how prove that she is currently working we'll have relief from court.
Reply:
Try to submit proof of her employment and earning by summoning her employer through court.
Rajendra K Goyal
(Expert) 05 December 2016
You said:
I don't know whether I have to pay the maintenance for the time spent for the transfer if the local court gives it's judgement.
Reply;
Act on / wait for the court orders.
You said:
Our local advocate says he'll argue based on merits that their family is well off and she is highly qualified and if I can some how prove that she is currently working we'll have relief from court.
Reply:
Try to submit proof of her employment and earning by summoning her employer through court.
Rajendra K Goyal
(Expert) 05 December 2016
You said;
First of all petition from men are dismissed 99% of the times and when it accepted we have these issues. The system gives us the impression that don't expect justice against women in this country, it is better to pay her out or suffer with your family.
Reply:
Court order on the basis of law and facts, individual feeling is not base of orders.
You said:
What kind of system is this where justice works one sided and extremely favourable to one gender.
Reply:
Justice favors none, if law favors, justice has to follow law provisions.
VIJAY
(Querist) 05 December 2016
1) My SC advocate took my signature on something printed in plain white sheet when I went to Delhi to meet him and he said that was stay petition and he'll file it. I believe in a court petitions are filed in legal green sheets.
2) He used my mobile number without permission to get some credit card and defaulted on that and the bank guys threatened me for that because he had given my number. I received three calls from the Bank
3) He missed the hearing in August for reasons best known to him. He could not give any convincing explanation for that.
4) He has not taken any steps to get the petition disposed off fast apart from filing the initial petition
5) He has taken more than two months since we asked for NOC from him with written consent and giving all sorts of reasons even though we have paid for his services. Now I have to move an affidavit in the SC to change my advocate.
Guest
(Expert) 05 December 2016
If a Stay had been obtained basing on the Transfer Petition there is nothing much to worry.If you are not satisfied with your advocate first obtain the Change of Vakalat to Change the advocate in a Polite manner.After that send a Registered Letter to him seeking explanation for all the Misdeeds done by him.Basing on his Reply Or even if he doesn't reply you could file a Complaint in Bar council of India in the Prescribed Formats for which you will have to pay a Fee of Rs.2000/- roughly.Atleast now appoint a good advocate to your satisfaction.Signing a Plain sheet to any one is Not Advisable and you have to be Careful.
Kumar Doab
(Expert) 05 December 2016
You have been advised in details by experts.
Sudhir Kumar, Advocate
(Expert) 01 December 2016
