Need suggestion - wife approached court with unclean hands

Bekaaar

All,

In my divorce suit, District Court has rejected my wife's claim for monthly interim maintenance. However, Court has allowed a lumpsum of Rs.30k as one time litigation cost. Wife has accepted the same amount. After a couple of months, she has now appraoched the HC in an appeal under Article 227, mentioning that she has received no Alimony Pendente Lite from the Lower Court, and has made no whisper in her petition about the Rs. 30k/- granted and received by her.

As per my lawyer, no written objections can be filed in such Civil Revision matters related to interim maintenance, and neither would it be entertained or accepted by the Court.

What are my options to bring the point that she has suppressed material facts and approached court with unclean hands to Court's notice ?

Options 1 - Dont fine anything as per lawyer's advice and just mention same verbally during Appeal hearing.

Option 2 - File perjury application u/s 340 in the same HC. Is it even possible or allowed, or needs to be filed as a separate petition ?

Option 3 - File a Dismissal Petition in same HC. What sort of a petition would that be and under which section ?

Option 4 - File a Written Objection even if its not accepted by the HC.

PLEASE SUGGEST ASAP

 

 
Reply   
 

you can file counter in HC. As your wife received litigation costs Rs. 30k, it is not maintenance pendilite. As your wife not received any maintenance, she approached HC
 
Reply   
 


Advocate

Option 4 is best as the written objection will be on record and court will not ignore it.
 
Reply   
 
Lawyer

You have already engaged an able, competent and intelligent enough to advise you, however, if you have lost faith in him change him immediately.

Limited facts have been provided for the question paper.

Any or all options are available to you as advised by your lawyer .

 
Reply   
 
N.A

Originally posted by : ABHISHEK B
All,

In my divorce suit, District Court has rejected my wife's claim for monthly interim maintenance. However, Court has allowed a lumpsum of Rs.30k as one time litigation cost. Wife has accepted the same amount. After a couple of months, she has now appraoched the HC in an appeal under Article 227, mentioning that she has received no Alimony Pendente Lite from the Lower Court, and has made no whisper in her petition about the Rs. 30k/- granted and received by her.

 

What is wrong in your wife petition .

She  rightly said she haven't recieved any alimony. You are also saying maintence was rejected by the court.

30k recieved by her is not maintence, it is litigation cost and thats why she has not mentioned it in her petition. 

 
Reply   
 

1. In Calcutta High Court, we are reguklarly filing affidavit in Opposition/Reply to both Criminal Revision as well as Civil Revision petitions with Courts leave.

 

2. Ask your Advocate to first prepare a list of dates in the matter and show that to the Court arguing against the said petition and praying for leave for submitting your Affidavit in Opposition/Reply.

 
Reply   
 
Bekaaar

The lump sum of 30k/- litigation cost was awarded to her in lieu of the 14k/- pm legal expenses she had asked for as interim maintenance, along with maintenance under other headings totalling a sum of Rs. 50k/- pm. Nevertheless, shouldn't it be the appleant's duty to come to the Appeate court with clean hands and mention that she has already been awarded 30k/- and she has accepted the same as well, instead of blatantly mentioning that she was not awarded anything from the lower court ?
 
Reply   
 
Bekaaar

The lump sum of 30k/- litigation cost was awarded to her in lieu of the 14k/- pm legal expenses she had asked for as interim maintenance, along with maintenance under other headings totalling a sum of Rs. 50k/- pm. Nevertheless, shouldn't it be the appleant's duty to come to the Appeate court with clean hands and mention that she has already been awarded 30k/- and she has accepted the same as well, instead of blatantly mentioning that she was not awarded anything from the lower court ?
 
Reply   
 
N.A

Originally posted by : ABHISHEK B
The lump sum of 30k/- litigation cost was awarded to her in lieu of the 14k/- pm legal expenses she had asked for as interim maintenance, along with maintenance under other headings totalling a sum of Rs. 50k/- pm.

Nevertheless, shouldn't it be the appleant's duty to come to the Appeate court with clean hands and mention that she has already been awarded 30k/- and she has accepted the same as well, instead of blatantly mentioning that she was not awarded anything from the lower court ?


No, your wife is demanding maintenance and 30k rs was litigation expense and she must have attached the copy of impugned order. So there is nothing wrong. Fight the case on merits.

 
Reply   
 
Lawyer

I do not agree. 

Either the court shall award maintenance to estranged wife or decline totally but shall (repeat SHALL) not grant lump sum of Rs. 30K/- for litigation as stated by you.

Recheck with your lawyer.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu