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anonymous70 (Unemployed)     16 April 2014

Maintenance - urgent

I am unemployed and interim maintenance order is passed. I appealed at sessions court. Found out that my adv. is in collusion with adv. of opp. WS & Say was filed without my knowledge and date was taken without my knowledge.

The matter is kept for argument. DV case is filed after 10 yrs and 4 yrs ago. None of the family is residing with opp. for the last 10 yrs.

Divorce petition was filed before opp. could file WS & Say at sessions. Custody matter is also filed before filing interim reply. 

Opp. is self employed.

What steps should I take at HC?

Anonymous70



Learning

 7 Replies

Dr J C Vashista (Advocate)     17 April 2014

Disclose your identity.

anonymous70 (Unemployed)     17 April 2014

Dr J C Vashista

With due respect, I accept your comment but can't get your point. None of the victims are identifying themselves.

Anonymous70

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 April 2014

Well it is ok since you are fighting on going cases so disclosure of identity may harm your case or can alert the opponent.

 

DV CASE CAN BE TACKLED AT LOWER COURT LEVEL ONLY.

anonymous70 (Unemployed)     17 April 2014

Dr J C V

Thks. for understanding the gist. So how do I tackle the case at lower court. I cannot pay maintenance. Is there any H C  ruling or Judgement for unemployed husband?

The lower court ignored my Affidavit that I am unemployed and  passed order based on her affidavit that I am employed and that she's unemployed. While it is just the opposite.

Anonymous70

T. Kalaiselvan, Advocate (Advocate)     17 April 2014

Your employment has been proved by her hence the maintenance has been granted, the same way you should have proved her employment too, which you failed to do, if you suspect your advocate why did you retain him so long, you should have changed him long back, now who is the sufferer?

Dr J C Vashista (Advocate)     18 April 2014

Anonymous70,

Did you put up some evidence that you are jobless? Even a jobless (husband/father/son) has to pay interim/ awarded maintenance on the basis of pro-rata of minimum wages.

If you are sure that your counsel has connived with opposite, replace him/her. Meanwhile, be vigilant about the proceedings and ensure to submit (before the Court) what actually you want but that should be legal, logical and justified. 

Collect proof/ evidence of employability of your wife and produce the same before the Court, it will be considered favourably.

I could not understand from the statement,, "Custody matter is also filed before filing interim reply. "

It would be better to engage a local expert lawyer.

anonymous70 (Unemployed)     18 April 2014

Can I make an app. to appoint protection officer at the same sessions court to investigate and also to get statement to check my employability status?

Custody matter was filed because opp. mismanaged my daughter in her education. She enrolled her without my knowledge.

Anonymous


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