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KARAN SINGH (SERVICE)     05 October 2012

New trend used by modern ladies...!!!!!!!!!!!!!!

Dear experts ;

i would like to present yoy one of the amuusing acts and misuses by lady of today

Wife deserts home in absence of husband and forcefully terminates the admission od 5 yrs daughter from a reputed school in delhi  without concent and knowledge of father and settles somewhere in lucknow for her overambitiousness to  get a good job with pay around 40 -50 000pm

Husband tries his best to locate the wife and her location , by means of written registered letters and his parents going to wifes parents at nainital..but they were all rebutted

Finally lady files sec 13 i (a) from lucknow and then subsequently husband knows she got a good job in unnao so left that place meanwhile sec 9 was also filed from marrital home  . On first date of appearence at lucknow wife files Maintenance for daughter(25000 pm) and same day husband files for custody of daughter GWA during this entire one year father pleaded for meeting and even talking to daughter which was never permitted and ensured by being at unknown place that father remains isolated

now quetion arises:-

1.Father is ready to take daughter and by asking for maintenance it seems lady is not in a state to maintain the daughter so does it not become prudent in the eyes of court that father should be given custody as lady is having money crunch

2. Despite so many requests by father to let daughter atleast speak and let him meet he was denied and isolated for full one year. Was he not a father when he was missing the daughter every day  for past one year ...and now suddenly the wife remembers there exist a father from whom a whooping 25000 pm can be extracted

3. Even if one sees logically 25000 pm from father and an equal amount from mother will make 50 000 pm ....

is this the expenditure of a middle class serving family on a class  one going baby ... hahahha is nt it look like a money extracting technique of highly educated ladies of today  who cannot ask for maintenace directly but still want to haress husband by creating monitory pressure tactics and should they not be penalized for harassing men

regards

KSB

.



Learning

 16 Replies

stanley (Freedom)     05 October 2012

Its the norm of today for Metro wifes to extract money  in the name of child maintanence .

And as Tajobs says " The skin of married men is tasty " is he not right :D

Tajobsindia (Senior Partner )     05 October 2012

Originally posted by : KARAN SINGH
  i would like to present yoy one of the amuusing acts and misuses by lady of today

XXX
 

@ Karan Singh

I will not buy what you realized TODAY!

Here is your self a reality "check";

”When your wife and kid were living with you SAY on one fine day on a shopping mall trip your wife and your daughter were snatched away right in front of from your wide open eyes and against this backdrop you as a husbandWHAT WOULD YOU DO ?”

Now, I am aware you would love to fire upon me your last ammo from your standard issue service weapon, please do so, I will not defend, but, but, close your eyes and listen thrice the below link (not the visuals just the lyrics) and then answer promptly back to me WHAT WOULD YOU DO ?

https://youtu.be/lelXGn1jVmU

Otherwise tell us you have no answer to above upper caps and then I will give you answer quoting a already a answer dating back to 1949.

1 Like

KARAN SINGH (SERVICE)     05 October 2012

dear sir ;

thanks a ton

but  sir advice on the issue??????????????

Tajobsindia (Senior Partner )     05 October 2012

 

 

Originally posted by : KARAN SINGH

 

thanks a ton

 


I did not invest LCI’s precious bandwiddth just to hear “thanks a ton” which was obvious anyone would tell me, but, invest your brain in first answering to question asked to you.

TRY, TRY again attempting giving answer, it is not the best kept secret it is there in public domain since 1949…...

[That is where you will find the key]

BTW, answer as in legal suggestion giving here is easy but more important is self realization then only such answers gets executed.

1 Like

KARAN SINGH (SERVICE)     05 October 2012

1949...?

bombing of hiroshima

ab bata bhi do sir ji

KARAN SINGH (SERVICE)     06 October 2012

Dear experts ;

please pour in your ideas

regards

Ompal Aggarwal (Advocate)     07 October 2012

Mr. Karan Singh,

Ihave sympathy with the husband. But I am sorry to say that in most cases  such situation arises because of  husbands fault, either he ignore them , or pay more attention towards their parents than their wife/children,or treat them  with cruelty-physically or mentally, and result of all these would be as in the present case. As far custody of the child is concerned, especilly in cases of  child, the Hon'ble court  keep the interest and welfare of the child in mind in decidind the custody of the child, and in the present case  if the court give custody of the child to mother even than  the Hon;ble court will allow u to meet ur child weekly, fornightly  as the court think proper.The child is with the mother, the mother can demand maintenance  for the child from the husband i.e father of the child but the quantum of maintenance  to be decided by the Hon;ble court depends on number of factors.

Better to engage a good advocate

KARAN SINGH (SERVICE)     07 October 2012

thanks a ton ompal sir

KARAN SINGH (SERVICE)     07 October 2012

thanks a ton ompal sir

but should the lady not b penalized for depriving her of available facilities and thus causing  mentally cruelty to child as well

Tajobsindia (Senior Partner )     07 October 2012

Originally posted by : KARAN SINGH
  but  sir advice on the issue??????????????  

 Try to understand the situation in this way instead of round-robin similar questions;


1. Both of your out of wedlock have produced a girl child. Right?
2. The girl child is still minor. Right?
3. Her (child) overall welfare, safety, security, education being minor leading to her marriage is joint responsibility of both parents. Right?
4. When as you say 1 year ago your wife left you with your girl child where was your responsibility mentioned in brief under para 3 continuously for 1 year?
5. If you recall I asked you above post a question citing XXX roaming in shopping area etc. which you did not understood and then I gave a hint of 1949 Law which you said about atom bomb!
6. Now let me define your atom bomb in this simple ways on your question “why she should not be penalized which you are asking again and again”

- In past 1 year Law says you should have filed a Police report followed by if inaction by Police you could have approached State’s HC under Writ of Habeaus Corpus jurisdiction (
HCP) under Art. 226/227 of Constitution of India, 1949 (that is reference hint to 1949 which I asked and wanted you to self study law and find out about it) – you failed on both count as nowhere in your facts I see Police reporting or HCP filing instead you say from past 1 year I was praying before my in-laws (this point explanation I will cover in the end why it was not worth the efforts most father's fell upon). Why law inferences you to go to Police or to file HCP is that you are married to a woman and both of you have a child out of the wedlock and both are not living with you and further their address is not known to you, so does not a husband feel alarmed about their missing and knock at door of Police - Court immediately instead of waiting for 1 year following / dependent upon only on Social approach?

- Now when since last 1 year when your wife and child not living with you what she is supposed to do with the child; throw her away? It is obvious she will keep the child with her no matter feeding her ½ bread or 1 full loaf of bread. Now before prime facie eyes of Law when child is living with her having either ½ bread or just a loaf of bread it is but natural that the first thing Court does is maintain status qua i.e. not to disturb the child till final Order as your acts of past 1 year are in doubt before the Court. Unless after due detailed trial you clear your doubtful acts of not filing Police report - HCP and feeding child and her mother or even bringing them back to matrimonial home the child will remain with her mother no doubt about it.

- Further once the trial goes on the child needs are raised from time to time; mother says I am working but not sufficient income vis-à-vis father alleges she is working has sufficient income and if she states her income are not sufficient then give me back my child so on so forth volley of facts and counter allegations goes on and on meanwhile father misses the moot point and goes into emotional relapse stage.

Now think how Court can give you your child back read with how court will direct wife to somehow feed the child with her limited income and donot ask more from child’s father when your counter allegations becomes matter of trial for decades now? Is it justice first of all for the child whose interest the court has to protect first being a minor who cannot decide on her own what you are alleging when you yourself failed in first 72 hrs. to trace your wife with your minor child?

- Now let us
cover your prayers before your in-laws from 1 year here; see when two adults marry they are bounded by certain Laws of the land for any acts of omissions / commission either or both do against each other in continuation of their marriage. Your marriage is not decreed as yet mind it nor she has come back to your bungalow on your RCR call. Further when a child out of wedlock born since the child is minor the child cannot take any decision on her minor shoulders and thus both her parents are responsible for all her welfare needs 24x7x365. So when you wife for whatever reason left home along with a minor child your first action was to approach Police with prayer to find my wife and child and bring them back. Let police contact your in-laws or Society or God. You were not required to remain SO
CIAL for 1 year justifying “suno ji for 1 year I was trying to contact In Laws – Society, and try to find out their where about via them of my child and wife”. I mean who are they to tell you when they heard her daughter was kicked and killed by you ! (figure of speech way said it and does not mean you did it or they said so). Had the relations cordial with In-laws they would have on very first tel. call would have disclosed your wife with child location.

My simple question here is did you marry your in-laws or their daughter, after marriage in-laws were living with you or their daughter, if your wife is missing from your home will your in-laws be prayed for her return or one should knock door of the Police - Court then and there instead of waiting for 1 year???

Either you follow Society or follow Law after marriage. You cannot mix both and then say
“she should not be given custody of child if she says she is not able to maintain the child, whereas what she has already shown to Court is that from past 1 year I am maintaining the child somehow but it is not sufficient as per the same status what I and child used to enjoy while living with HIM and time to time more needs of child arises hence ask him to pay for those needs as from past 1 year he has not fulfilled those statutory needs”.

Here law of co-extensive duties of child maintenance share by both parents comes to clear doubt on maintenance part deciding but for custody part it will not be considered other than who among you two are better parent for overall well being of a child and till that time status quo not to disturb custody of child will be maintained with giving you lollipop of visitation few hrs. just in a month that is all that also if you try harder by being in concerned Court every other day with one or the other application for visitations.


Remedy now is to show to Court how better father you could be not what you are trying to question the very Court are my views behind above large analytical piece for a simple reason the question that you asked is now become matter of trial and the more it extends the more alienation of child will cometh on board as reality hence concentrate on facts of the case instead of wayward questioning bze she is currently feeding the child + buying dresses for the child + looking after her present needs / welfare within her means.  And if your income is equal to TATA’s that does not mean child can be given to you as it is not the criteria for decision on child custody at all.   

Moreover if she is asking 25 K then you should disclose here how much she is earning and how much you are earning and when and if Hon’ble Apex Court’s co-extensive formula are plead by your side then Court may give a 5 years child around 5 - 8K OR 7 - 10 K slab and out of which 5k would be your share and 3K hers OR 7 K would be yours and 3 K would be hers co-extensive share keeping in view Lucknow’s cost of living r/w a Army Major’s child needs
J 



[last reply]
 

2 Like

KARAN SINGH (SERVICE)     07 October 2012

Dear taobji;

firstly i ll not forget to thank you as ever and special thanks for an elaborate study and reply of case however i appretiate it as the same queries would be fo=ired on me by the opposite lawyer so request make me hard enough;

now i would like to tell you that lady deserted in nov 2011 she stayed at her maternal home till feb 2012 and got a not so good salaried job till then . later got a good job in lucknow left for her high ambitiousness without any male support for an unknown place

immediatelt in jan and feb 2012 2 registered letter send by me to her parents asking to revert or inform me whereabout so that i can pick . then my parents went and met her parents so as things would settle not once twice but thrice finally in may 2012 SEC 26 and RCR filed by me 

hence enough actions taken at my end and any action in heat like abducting daughter or going to her place of residence would have called for some framed charges of attempt to murder etc

now this november 1 yeaar will be up and why despite so many requestes location of child was deliberately kept disclosed ....it was the law of land which runs with its own speed that has caused the delay

by the way case under GWA also filed in JUly

so i beleive enough action taken at my end less being unlawfull

?

how do u counter these arguments as a lawyer of opposition?

regards

K S B

stanley (Freedom)     08 October 2012

Originally posted by : Tajobsindia

Originally posted by : KARAN SINGH
but  sir advice on the issue??????????????
Moreover if she is asking 25 K then you should disclose here how much she is earning and how much you are earning and when and if Hon’ble Apex Court’s co-extensive formula are plead by your side then Court may give a 5 years child around 5 - 8K OR 7 - 10 K slab and out of which 5k would be your share and 3K hers OR 7 K would be yours and 3 K would be hers co-extensive share keeping in view Lucknow’s cost of living r/w a Army Major’s child needs J 

Dear Karan , 

your main Criteria is focusing around maintanence . Read a few of Tajobs posts it helps a lot . Another way round is as the case proceeds for some reason or the other you may notice that maintanence is not yet passed maybe say for 3 yrs and you may seem happy .Oh your lawyer is excellect and he is giving a tough time to the opponent  and they are unable to pass maintanence . But remember that the opp counsel can ask maintanence along with the back log ( Arrears) that is it can be from the period you have not contributed for the child when she was away or from the date of maint application  .


so the best way would be to file a voluantry application saying you are giving so and so amount and remember the opposite counsel cant even object about it . I have done this seeing Mr Tajobs advice . The judge asked his reply to voluantry contribution to child maint where in opposite counsel  began objecting to it . The judge as a matter of fact told the opposite counsel that he should apperciate my efforts for voluantry maintanence of child and concluded by telling me as the the opp counsel was not ready to accept the cheque he told me you can deposit it in court :-)

So all thanks goes to Mr Tajobs . 


[last reply] 

 

KARAN SINGH (SERVICE)     08 October 2012

Dear stanely ;

Really i appretiate it and cudos a wonderful idea rather a proactive idea i liked it and really want to do for my daughter ;

but i want to go even one step further Let the daughter be  handed over and looked after by me where her welfare is more than her mother since the institute like army provodes so much of perks and ambience that no single individual can probably afford it unless he is TATA OR BIRLA and as such i have filed RCR so if mother feeels she want to join she is most welcome and till that time i dont even require any maintenence from mother .

Might be this decision of and fear of daughter beeing again given to me might install that fear in mother that she is compelled to rejoin and this may save a family from breaking!!!!!!!!!!!!!\

 

so how do u read this counter reply ....from a judges point of view

but still ut r idea was really positive and proactive

regards

KSB

stanley (Freedom)     08 October 2012

Dear Karan , 

These are Tajobs proactive suggestions  and i make it a point to read all his posts to gain knowledge as it helps me fighting my DV case without a lawyer .


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