Anonymous
10 May 2018 at 10:32
Hi,
I am seeking legal advise on maintenance and divorce cases.
Here below is brief summary of my case:-
================================
Currently I stay in Singapore since 2007. My Marriage was in India year 2008. I Separated from wife since June, 2013. At the time of separation, one time settlement already done in Singapore before High commission of India. She has taken her belongings(streedhan) also. I have evidences.
After settlement in July, 2013, My wife went to India. she filed divorce and maintenance cases in September 2013 on cruelty grounds. Divorce case I contested, I won. She was unable to prove cruelty.
Maintenance case still pending before the court. court granted Interim maintenance INR 15,000 (10,000 wife + 5,000 for child). Till date I have not paid anything. I am asking them to do one time settlement. I requested many times but no child details given.
She filed 498a dowry case in February 2015. I appeal quashing application in high court under section 482. Court granted my application for quashing matter.
I already tried for settlement through high court but demand for settlement was too high, even Gujarat high court also noticed the same and honorable judge wrote in oral order, 'demand for settlement too high, settlement discussion not possible'. Also mentioned,gap between settlement offer and demand for settlement is very high. Court also mentioned, It is lurking that because of suspicion nature of wife towards husband's external affairs she filled fake cases. Local police also abuse the process of law.
My query for maintenance:
====================
Even if I don't pay current interim maintenance and don't come to India, what's impact to me ? I have no such property or assets in India. I am currently Singapore Permanent resident but still Indian national.
She has already filed under 125(3) maintenance recovery but I have not received any notice, I can see on court website.
My wife was working 3.5 years in Singapore(May 2010 to June 2013). Also registered company under her name as director position in Singapore. I have evidences.
Currently she is working in India but I don't have evidences to prove the same. I know only she is working as school teacher in Kheda Town(Gujarat) but not sure school name and her current income record. At present, also I am not sure if she is in relationship with someone. difficult for me to collect details as I am in Singapore and her place is quite far from my city(Ahmedabad). I have no other relatives staying near to her who can give me more details about her.
In Singapore she worked I have have job salary slips, bank passbook etc. details, she is well educated too, which I submitted in maintenance case, I am not sure how much court will consider that evidences.
Also, we purchased property in Singapore under joint name in year 2012, she has 50% partnership but all down payment and EMIs I am paying, no support from wife. Currently Singapore property valuation down, almost 80 LACS INR loss. After divorce, as per Singapore law, I have to sell out current property and I won't be able to buy new property.
I highlighted in settlement to my lawyer about all these losses, and also said I will take care of entire loss and won't ask her to contribute in loss. On top of that I offer one time amount + medical insurance for child throughout her marriage. But their demand is still very high.
In Crpc 125 maintenance application, She demanded 1.5 Lacs INR per month (1 lac for her + 50k for child) maintenance which is too high. Currently pending my cross-examination and final argument stage. My cross-examination via video conference granted 6-7 months before but not sure when court will ask to attend. As of now only dates on dates.
I am not sure if I don't pay interim maintenance what's impact on final maintenance order, how to appeal and fight.
Pl. advise, what's best option to come out ? I already tried to stretch financially settle but their expectations I can't meet.
My Query on Divorce :-
==================
can I still file divorce in local court or high court on cruelty grounds as she left on her own freewill, no such mental or physical harassment cases against me in Singapore. Separation done already 5 years before. Also, after reaching India 2 years later, She filled false 498a and divorce cases on cruelty grounds. She didn't come back even I asked multiple times. Thank You in advance for your advice.
Best Regards,
Member Strength 9,47,816 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Domestic violence case parents name removal
Hi,
Pl. advise how shall I proceed for parents name removal under DV case.
Here below is the case summary:-
1. Wife left Singapre(SGP) based matrimonial house in June'2013 after 4 years staying together with Husband and his parents. During the separation, wife did settlement before the Indian High Commission. No such physical / mental harassment complain made in SGP before the Indian High commission. I have settlement report as well.
2. After reaching India, September 2013, wife filled Divorce and CRPC 125 on cruelty grounds. Husband contested both cases. Divorce not granted to wife. Maintenance case final order still pending before the court.
3. Approx. Two years later In 2015 February, parents visited India for social customs, wife filed 498a and DV cases to harass them.
4. Husband and Parents challenged 498a case in Gujarat High Court under section 482 and quashed all 3 names. In the Judgement copy, Honorable Judge has clearly mentioned,
"As usual, in a dispute between the husband and wife, the wife has implicated the parents of the husband too."
5. Only Parents name pleaded for DV case in Gujarat High court under section 482 as allegations in 498a and DV cases made same and 498a criminal case already quashed. However, Gujarat High court Judge rejected petition for quashing and advised to appeal under section 29 of DV Act.
I have below grounds to contest for parents name removal.
1. 498a High Court Quashing Judgement Order,
2. DV case filled after 1.7 years separation (Separation Date : 29/06/2013 and DV case petition date : 19/2/2015),
3. No such report in SGP Police and Indian High Commission against Parents harassment,
4. Parents did not visit wife's home as per incident date/time mentioned in DV petition, as they were in different city and doing cash withdrawal from Govt. Office (Post office) exactly at the same date/time mention in DV petition, No such merits as per allegations made.
I want my parents to be out of from family cases soonest possible. Pl. advise how shall I proceed to appeal under section 29 of DV Act. Pl. also share, If any recent judgement copies for parents name removal under section 29 of DV Act.
Thank You in Advance,
Best Regards