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shivani (housewife)     17 October 2023

Delhi high court case.

Husband willingly gave an undertaking in delhi high court last year that he wants to provide the rent amount to me on a monthly basis while asking me to vacate the matrimonial house. High court provided the rent amount to me in advance for one year till the pendency of all cases ,further rent amount on a monthly basis and kept my appeal case pending while i vacated my matrimonial home. One year advance rent will finish on 31st October . Now suddenly husband has filed an application in high court under my appeal case that he can't pay any rent amount to me bcz he doesn't have enough money though husband is working in a private sector. I will submit my reply soon . Can anyone pls advice will the high court accept his application despite an undertaking given by husband on oath in high court ? Can he breach the undetakrtaking ? What action can be taken against him ? Can i request the judge that i want to submit my reply and in the meanwhile husband shud continue to pay rent on the basis of his undertaking in high court last year



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 7 Replies

Real Soul.... (LEGAL)     17 October 2023

You must collect the proof for his income and earnings, and meanwhile submit application for maintenance and rent in advance for next year

Dr. J C Vashista (Advocate )     18 October 2023

Whether the court passed orders qua payment of rent or it was fixed in mediation proceeding ?

Did you file a contempt of court petition in Court, if husband has violated orders passed by the Court ?

Your case is proceeded / contested through a prudent, able, competent and intelligent lawyer, who is well aware about facts and circumstances of the case, what is his / her opinion and advise ? Why do you need a second opionion on the basis of limited facts posted by you but except the fact it is available free of cost ?

shivani (housewife)     20 October 2023

@ real soul thanks a lot for your proper legal guidance.

@ jc - court passed orders qua payment of rent. I haven't moved a contempt of court petition yet.

Why can't i take a second opinion ? What is your problem even if I take a second opinion or even if I take 100 of opinions ? If you are unable to understand the case points even if I write limited things here then that's your incompetency , samajhney wale samajh jaenge ki maine kya poocha hai. Despite being a senior lawyer if you are unable to understand then thats your problem and not mine. Also if you don't believe in replying to a query then do not give a lecture unnecessarily bcz earlier also i have told u that refrain from replying on my queries..

Real Soul.... (LEGAL)     20 October 2023

Your husband cannot escape from paying the rent as that was condition for vacating your matrimonial home; you must seek some security from court to ensure about getting the rent on time without any hassles. You are not getting your monthly maintenance from your husband if you are living separately?

Even the court could send the directions and order to your husband’s employer for deduction of amount from his salary and to be deposited in your account.

shivani (housewife)     20 October 2023

@real soul- thanks so much for your proper legal opinion and knowledge. You have actually helped me by telling the most valid point that he cannot escape from paying rent as that was the condition set by him in all cases and in high court too before i vacate the matrimonial home.yes I plan to move an application in high court for receiving the rent amount timely as landlord has taken the post dated cheques already. Husband is depositing a very less amount of maintenance .court has ordered him to pay maintenance but he is violating the court orders and has been deposting only 50% out of what has been ordered actually. I thot of filing some application to get the possession back but unfortunately that is also not posbl bcz ek baar possession haath se gaya to matlab gaya . Soon i planIto file contempt of court as he is not following the high court order of depositing the entire maintenance amount.

Dr. J C Vashista (Advocate )     21 October 2023

Originally posted by : shivani

@ real soul thanks a lot for your proper legal guidance.@ jc - court passed orders qua payment of rent. I haven't moved a contempt of court petition yet.Why can't i take a second opinion ? What is your problem even if I take a second opinion or even if I take 100 of opinions ? If you are unable to understand the case points even if I write limited things here then that's your incompetency , samajhney wale samajh jaenge ki maine kya poocha hai. Despite being a senior lawyer if you are unable to understand then thats your problem and not mine. Also if you don't believe in replying to a query then do not give a lecture unnecessarily bcz earlier also i have told u that refrain from replying on my queries..

@ Shivani,

Since you have posted your problem with limited facts on this "public" domain, which are incomplete and vague, hence opinion formed by any one may differ with real issue accordingly do not feel offended. However, it is your personal problem for which you have sought an obligation of experts, I do not want to offer any comment. 

Of course you may seek any number of opinion(s), suggestion(s) and advise(s) qua your problem but not mine. You may agree with me that various opinions may differ with actual facts vis-a-vis dispute and the opinion of the lawyer you have engaged to proceed in your case. 

If the queriest want to conceal some information relevant to his / her dispute, the expert(s) cannot presume to form opinion the way a queriest expects.  If you are dissatisfied with the obligation of either of the expert (including myself), it is your personal problem. It is better to download your anger, anguish or frustrartion somewhere else but not on this platform as we (the respondents) are obliging you among other queriets.

However, thank you for your suggestion, I will try to avoid responding your queries. Even if I may respond you may ignore it but no aspertions may be posted, which is neither in good taste nor appreciated.

Kindly close this topic here itself. 

 

shivani (housewife)     21 October 2023

@jc - see, this is what your problem is.. rather than ignoring my query you have written a lengthy baseless and useless stuff .hence proved that you are so damn FRUSTRATED. Ha ha.. still you want to try from refraining on my posts ? Thats weird. You should completely ignore my queries bcz if you don't have an answer on my query then you have no right to give a lecture to me unnecessarily. My facts are limited and apt and not vague.rather i wouldIsay that you are incapable to understand while thr have been many lawyers who have given thr suggestions as per thr knowledge and intelligence. You are so damn aggressive in life and full of burning sensation that you take it out here on litigants. Time and again you have faced wrath from me. I am not going to listen to any of your bullsh*t dialogues and attitude . Earlier also many times i have told you to stay away from my queries but you wag your tail and chase me. Ha ha.. faltu and vella vakeel


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