What should i do ?

It is only an effort by the judge to compromise.

Q 1) what can be the nature of these proceedings ...judging on facts or mediation and getting me to cough up money on an arbitrary basis .

A. An effort for amicable settlement.

2) there are plenty of judgements refusing alimony to well earning wives u/s 24 but haven't come across where wife has been refused alimony u/s 25 .

A. Yes, when wife is earning she is not entltled for maintenance, however, permanent alimony is a different concept and law where it is to be settled by both of you.

3) while I might be willing to pay upto Rs 5 lacs if my wife withdraws the false cases but what should be my position if the judge says that I should pay an arbitrarily large sum or else he would look at the evidences in depth after the case comes for regular hearings and this might take several years. My family wants me to finish it off at any cost and get a new life and I am under tremendous pressure because of this .

A. It is a pressure tactics to cough up large sum, as demanded, otherwise illegal

4) while I feel the judge in higher court has been rather benevolent in wanting to settle it in his chamber hearing but I also feel that I have fallen into a trap and the judge in lower court was influenced not to give a judgement so that the case comes for mediation in the high court where I might be forced to pay the sum in a short period . If I had a judgement granting divorce I would have accepted it but challenged the alimony from lower court---made her sweat for it in the high court . Obviously she was smarter than me.

A. Higher Court judges are senior, more experienced and mature, comparatively.

5) while I would try and be flexible in front of the judge in the high court but what if the sum is beyond my capacity and arbitrary .....can I challenge it in the Supreme Court.

Refuse and challange

You can very well refuse to accept the money demanded by her or for that matter even her peace broking, you can very well place your objections to acceded to her exorbitant demand of huge alimony amount especially in the event of she earning a handsome income through her professional career.  If the judge had summoned for an in-camera or chamber mediation, you may very well attend it but the judge has got no right to push through the demand in favor of your wife in this manner, he can pass orders in the case after trial based on the merits of the case. Thus it is advised that you stick to your own case, do not be misguided or get trapped, be clear in what you want to say and face the challenge.

The Hon'ble Judge of the High Court might have called both of you in his chamber for mediation or reconciliation in the matter, which they normally do in such cases.  Be submissive before the Hon'ble Judge and refrain from expressing your ego.  Try to prove that you are amiable and your attitude to your wife is good. If the Alimony is beyond your capacity you may come to this Forum again for successful legal process. Always bear it in mind that " LIFE IS A CHALLENGE AND YOU SHALL HAVE FACE IT "

I would like to thank Dr Vashistha, Mr Kalaiselvan Mr Roy for your timely advices. Also I would like to share what happened in the judges chamber at the high court.

i was called around 20 minutes after my wife had made her presentation . The senior judge asked me what was  wrong and I told him that living with my now estranged wife had become a nightmare , narrated  whatever little I could in the time I had . The judge told me that I seemed to be hiding the truth and my wife had absolutely no problem with me and the problem was my mother whom I was deeply attached to .......had not balanced my life . Took her words for granted . And then he came to the point ........since I was the one who wanted separation it was my duty to settle my wife . I quote "dr I have found out everything about you . You guys are very rich . Give her a crore and settle it . " I politely told him my wife a doctor was earning more than me . "Oh come on , but she has a temporary job in the medical college .......what after that . You are a family of doctors and I have found out all about you .  You have four houses (true but all on 20 yrs loan)and only one belongs to me . And you have a huge hospital  (that too belongs to my parents ) . give her share to her  ,   Give her a crore and settle it . And this point my lawyer politely intervened , and said but she has asked for 50 lacs . Yes said the judge she has asked for less and then he went on and on about how much some more benevolent people had willingly given to to seek peace from their wives. He called me again the next day in his chamber and come with a good offer. 

Once outside my lawyer told me that he seems to be going overboard for my wife and we will contest it . The next day however I was not called to the chamber but the judge called my father instead .....hammered the same things and my lawyers took special interest in getting it settled and along with him arrived at a figure of25 lacs to which 5 lacs were added inside the chamber .  I was furious at my father . It was less about the money ,  it was the way in which it was Being extorted making use of my father who is so shaken by the whole experience after my marriage and so many criminal cases that involve him and my whole family --- was ready to buy peace at any price  .but when I asked him from whear he would arrange for this tax payed 30 lacs ...he was at sea. The judge called us again the next day this time in the court. 

The next day I learnt that my wife was not even ready for 30 lacs . I told my lawyer very strictly that I was not getting blackmailed anymore . Kindly tell the judge that I want to contest my case on merit . When the honourable judge heard this it seemed he lost his balance . He started shouting in open court that he can see that the girl is being cheated . He has a status report of my family and started narrating one by one about my houses and agricultural land  . He wants a settlement . My lawyers kept quiet. Where is the father he asked ...it's pointless speaking to the boy(me) --he has an attitude problem. My father a very nervous man by nature came forward and folded his hand before the honourable judge . Again he started hammering my father give her share to her, you agreed yesterday for 30 lacs and   she is reducing 5 lacs from her previous demands -----.give her 45. Buy peace. My father with folded hands said sir i also have a daughter to marry , and lot of loans on hospital , equipment and my houses and it is beyond my reach . The judge continued-I am going to to strict action against you people . I will pass an enhanced maintainence . ( inspite of my wife's salary slip of Rs 70 k) . I give you 1 hour ,settle this .  I was seething with rage and had almost walked where my father stood and and was feeling extremely upset . And I decided that moment that this was challenge  like  the police and media I had faced in abundance (thanks to my very fraudulent and vocal wife ) , I was going to face this too.

And this is where you my friends can help me . Please give your views

1) I have come to the court to appeal against the lower courts judgement which had denied me divorce on the grounds of cruelty in spite of the fact that my wife had  submitted a affidavit accepting divorce and asked 50 lacs alimony. There has been no judgement on alimony in the lower court since the petition itself was rejected . 

2) considering I refuse the high courts judges threats and decide to contest on merit ....how bad can it get for me . The judge in the order passed today has made my case part heard ....which I believe means the case will follow the judge even when the bench changes and it means he will deliver the judgement . And I know he doesn't like me .  Also are their ways to prevent the case from following the judge and take it to someone more neutral. 

3) my wife who changes like a chameleon has told the judge in his chamber that she wants to now live with me , although I know it is some kind of ploy . There is nothing in written and I believe she wants the divorce more than me but also wants my money.

4) considering this bench will hear my case ----will they decide only on the lower courts verdict not granting me divorce or they will pronounce the alimony too ( remember the lower court has not taken up alimony at all) . Is it possible that if the high court grants divorce then the alimony goes back to lower court ,and if it does not then I pray before Supreme Court for divorce ?

5 ) I was giving my wife Rs 8000 on her application under sec 24  when the matter was in lower court.  . Does it still stand ?How will the judge pass enhanced maintainence . .? Even without a application asking for it ?

6) though I cannot be certain about this  and I don't want to generalize this, but it is something I have felt ---lawyers when they feel that his highness has a special interest in a case are very guarded..don't protect their clients they way they should be ? Can I trust such lawyers in the course of a case that might last sometime . 

I patiently look look forward to answers.

               Regards 

.

@Nishant

1. Be precise in your post.

2. Consult your lawyer.

1. Determination of quantum of alimony is made on the basis of pecuniary position of the husband..

2. As the matter is a part heard case (which has been intelligently ordered by the Judge) you lost your option to pray for release the matter from the present Bench and to transfer it to some other Bench on the ground of Bias of the Judge..

3. By filing a supplementary Affidavit your father can humbly pray to the Court to reconsider the proposed quantum of alimony sympathetically considering the means of husband's family (viz., bargaining)  This supplementary Affidavit shall be tagged in the case records so if the matter goes to Supreme Court you will get some benefit to prove your bonafides in the matter.

4. The present Court is not the last forum maximum the present Judge can sustain the order of the Lower Court and dismiss the case against which you can go to Supreme Court. and can submit by referring the Supplementary Affidavit of your father that as because you requested the Hon'ble Judge to reconsider the quantum of of the Aimony , THE HON''BLE JUDGE BECAME BIASED AND DISMISSED YOUR PETITION OR OTHERWISE DEALT WITH BY SUSTAINING THE ORDER OF THE LOWER COURT.

5. On the next date of hearing engage a lawyer who is very much favourite of the Judge WHO WILL SUBMIT YOUR SUPPLEMENTARY AFFIDAVIT AND PRAY BEFORE THE COURT ACCORDINGLY or you can engage  a Senior Advocate(Barrister)..