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Rahul   28 April 2018

Crpc 125

My  wife file crpc 125 against me court awarded 30000/pm as maintance revision also ignored & justify Rs 30000/- She is doing job earliear for 12 years now suddenly she left the job (tutor) & gave an affidavit that she is not doing job presentely, i come to know that she is doing some pvt tution at his home which i dont have any proof but some advtertisment on website only, what will i do next i am planning to go to high court



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 11 Replies

Adv Deepak Joshi +917017821512 (Advocate)     28 April 2018

You can say she is cable of earning and she has earned in past 12 years.

Moreover you can collect some evidence for her private tuition so that her petition can be challenged in High court.

There many Judgment of the Apex Court and different high court  which says maintenance will not granted for wife if she is capable of earning.

 

Kumar Doab (FIN)     28 April 2018

Hope you shall take IT positively..

1st of all you may go thru your other threads and ascertain and conclude that you need a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt … 

 

This is your top most requirement..

As per your own posts and posts by members/experts your own Lawyer does not seem to have acted in your interest…

IT might be possible that your own lawyer, your OP’s lawyer, your OP colluded and has been laughing on your face and back…

Kumar Doab (FIN)     28 April 2018

Police cases and court cases can frighten an ordinary and peace loving citizen but such instances should also mature the litigant and make her/him wise and properly informed..

You realized and still you remained entangled with same lawyer and messed up nicely…

At location mentioned by you can get Expert Lawyers even; Mr. Kapil Sibal ……………..He and his father belongs to the location…

And any other Expert Lawyer……………….

Previous Chief Justice of India Mr. Justice J.S.Khehar practiced there ……His teacher practices there….

There is NO dearth of good counsels at location mentioned by you..Specializing in Family/civil/criminal matters………

Before you run and rush to another court spend some quality time in finding a very able  counsel as already suggested…………..and also generate irrefutable evidences and establish that your spouse acted to make a pass on court and/or lied..  

Kumar Doab (FIN)     28 April 2018

Your other thread;

 

https://www.lawyersclubindia.com/forum/Crpc-125-rs-30000-interim-maintance-162827.asp

A gold medalist and meritorious student ( your estranged spouse) and that has work experience of 10-12 years is most sought after candidate by employers and also students that would like to take tuitions…..and parents of students..

Such spouse does not give up employment while the child is minor and has to be taken care of…but leaves source of livelihood and earning 10days before the court case date and you as PIP and/or your lawyer is unable to argue and convince the court………..!

Your own lawyer without any authorisation tells Judge that your father is willing to transfer the self acquired plot/property in name of his daughter in law... and you are unable to covince the judge that IT is  not so and court passes a remark on transfer of 10 marla plot..

Strange!

You are unable to generate irrefutable evidence of earnings by your spouse while proof can be acquired and there are experts/counsel that can help!

 

Kumar Doab (FIN)     28 April 2018

Other threads;

https://www.lawyersclubindia.com/forum/Anticipatory-bail-for-498a-and-406-139565.asp

https://www.lawyersclubindia.com/forum/498a-406-anticipatry-bail-child-welfare-143117.asp

In joint FDR you withdrew your name and transferred amount of your share in spouse’s name.

The spouse (say; wife) has NO forced share in other spouse’s ( say; husband) self acquired/ancestral property.

The wife is not co-parcener in husband’s ancestral property.

The son/daughter (say you) have NO forced share in parent’s ( say; Father) self acquired property.

The grandson son/granddaughter (say your daughter) have NO forced share in grandparents ( say; your Father) self acquired property.

The daughter in law has NO forced share in parents in law’s (say; your Father’s) self acquired/ancestral property.

Your Lawyer is not in your favor, you have posted IT.

The LCI Experts /successful lawyers in Family matters e.g; Mr. Shonee Kapoor has posted in your threads..

The members that are seasoned PIP have also commented on your attachments and posts..

Spend quality time with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …  than wasting your time and losing in trail court, appellate court and then in HC …………..and so on…

If your lawyer has not acted properly in your matter make her/him popular for good reasons…

Your own very able counsel can handle that…also.

Become member of various help groups that help and advice spouses..

Vijay Raj Mahajan (Advocate)     28 April 2018

If you have proof of her income by any source, bring that on record of the court otherwise even if she was previously working but presently unemployed and has no source of income, the court will allow her maintenance that is set principle followed by the court while deciding such cases. The wife capable of earning can get some relief to husband that not too high maintenance allowed to wife but at the same time she cannot made to lead destitute life without source to maintain herself.

Kumar Doab (FIN)     28 April 2018

Other threads;

https://www.lawyersclubindia.com/forum/How-to-get-information-fd-is-deposit-in-lower-court-145435.asp

The long duration of litigation has neither matured you nor made you properly informed..

https://www.lawyersclubindia.com/forum/Challan-put-in-court-by-police-in-498a-406-154409.asp

 

Hope you have taken the posts positively..

Focus on your 1st priority i..e 

to find a very able counsel that won't fleece and ditch you and is real successful expert in Family matters and is honest and sincere...

and generate irrefutable evidneces 

Rahul   28 April 2018

Sir it is already mentioned but no relief, is it the condition of law in india? prmoting unemployment of able person?

Rahul   28 April 2018

Mr Kumar Doab Thanx for advice i already change three lawyers & planning to change next, how i able to find good lawyer while i leave in mumbai & case is in chandigarh, i think best way to end this is god given to us one thing that can end everything.

Kumar Doab (FIN)     28 April 2018

There are many forums that support and guide spouses…..

There are PIP and seasoned/experienced and successful PIP that wholeheartedly share and guide..

You have been guided by PIP and counsels as already posted..

At LOCAL Family courts/civil courts/HC/SC one can inquire and prepare the list of such counsels…and chose..

One can go thru the decided cases (Family matters) by courts and get to know such counsels..

One can inquire locally and take help of family lawyer ( at your location) , well wishers, forums (employee’s forums)/unions/local DBA etc etc and get to know such counsels…

Once can inquire at mediation centres….

 This is the best one can do ………to find counsels and as well as private detectives that can help………

Relatives, colleagues, friends, communities, and even counsels can help to gather irrefutable evidence…

Kumar Doab (FIN)     28 April 2018

Stay at said location and inquire in person…….and chose carefully…..This is the best anyone can do.

GO thru judgments of HC on Family matters and go thru carefully the counsels that appeared..

Ask Mr. Shonee Kapoor if he would want to guide you…He is well appreciated LCI Expert and postes exclusively on family matters..

Ask Mr.Vijay Raj Mahajan if he would want to guide you.

Don’t be disappointed upto such limits and levels..

Or unscrupulous elements may exploit you further and more…

This time try to chose counsel that has a successful career in HC..

This is one of the best HC amongst HC in India and has delivered judgments that are trendsetting and also that are disappointing for spouses…

Choosing a good, expert, honest, sincere, successful counsel counsel… is your 1st requirement.

Then spend quality time with your counsel…and ensure you not only succeed in this mater but in future there are no chances to lose………..

Generate irrefutable evidences to call the bluff of OP..  

Or give up and pay upfront and buy your peace and freedom…………………….

Consult elders of your family, well wishers and decide carefully..and keep some seasoned/sincere/honest/shrude negotiator (from your family/circle) by your side…

Remain cool, amiable, composed and pls don’t post disappointing and rubbish comments at online portals… What would your parents and brothers and sisters and well wishers  feel after reading…!

Liberate from troubled wedlock ( by mutual consent or contested divorce as you wish ) and move ahead to build career and future…and enjoy the beautiful gift of life and pleasures of life.........

End this good for nothing litigation either way you want ...

 


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