Maintainence after divorce
bindaasindian
(Querist) 14 August 2012
This query is : Resolved
Hello,
I had filed for divorce (on mutual consent) in 1999,my ex-wife was present at that time of evidence ,and the divorce was granted on mutual consent.
After 7 months she filed a case against me stating that i cheated her and created a fraud.This case went on for 2 years and finally i won it. She again made an appeal in the High court,in this case also she lost.The report of this case has been published in the books of the high court .
She did not stop here she again made an appeal in the honourable Supreme Court. She lost the case there also.The findings of the case were that Order under challenge does not require any interference ,except child custody.
She then filed for child custody,which also she lost even in the High court.My child is now with me and he is very happy.
After losing out on all these battles her parents and her brother (who is an advocate by profession)out of sheer frustration and with the motive of harrasment used their last weapon ,that of maintainence.She filed for maintainence in 2007. At the time of divorce it was clearly stated in one of the clauses that as she is very well off she does not require any maintainence,and she will not make any claims for the same.I want to bring to your kind notice that there is no dearth of money in her family,as her future is very very secure and she is very strong financially.On the other hand i am weak financially.I am living in a rental apartment and my shop is also rented.I have no properties also on my name.Also that the maintainence would be just peanuts for her and this is only a way of harassment,which i am going through since 1999.
I had filed my income tax returns 4 years back for 1 lakh 20 thousand,which i have submitted in the court.since then i have not filed my returns as my income was very low,for which her lawyer has stated that i am earning more and showing less.For which they dont have any evidence.But the actual truth only i know ,with great difficulty i manage to make both ends meet.
The case is in the court, Which is now in the last stages of arguments.
I request you to please suggest some remedy which can help me out in this case,where i can actually wade off this maintainence.Also if you could suggest some past cases which could be used as references.
I am sure your valuable advice would provide some helpful guidelines in winning this case. Waiting to get a reply soon.
Thanking you
Bindaasindian
Devajyoti Barman
(Expert) 14 August 2012
I regret to inform you that legal right can not be waived albeit writing in that regard.
Unless you could prove that she is gainfully employed or remarried you can not avoid her maintenance.
Ramanathan G
(Expert) 14 August 2012
What ever you had written about her financial capacity, her brother is an Advocate etc; if you wrote in the Written Statement and led evidence about that, you are going to win the case. You will not pay anything to her, there is possibility that, she may have to pay compensation to you.
Please contact an Astrologer, and conduct necessary Pujas for her early re-marriage. Since 1999, she is alone, thus she is behaving like this. If you want to save some money for your son, you will have to ensure that, she is leading a proper married life. I am not joking it, but real advice.
Please do not discuss her re-marriage advice with any friends, neighbours etc; they may twist the story, either re-proposal will be made, or they will send some Joker to her place, which will result in criminal case. Also that will look bad.
ramanathan2108@gmail.com
kuldeep kumar
(Expert) 16 August 2012
ur matter ran upto sc.n now she ask for maintenance.running upto sc had she never got any idea of maintainance.u said divorce was granted mutually.pls let me know why she has not asked for maintenance at initial stages n if asked why its refused that she is now asking.
advice me.
bindaasindian
(Querist) 18 August 2012
can you please suggest some citations for the case which will help me in wavering the maintainence for the above discussed case.Also the case has been mentioned in hc records book : 2002(5)ALD 502(DB)
case no AAO 979/2002
also case no SLP 23531/2002 in sc
I really need your valuable advice.Also at the time of divorce she did not require any maintainence as she was well off and even today she is well off.This is just mere harrassment.
