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Queries Participated

Anonymous   04 August 2023 at 11:43

Legal way to find wife job details

I had filed for divorce from wife few years back and last year court asked to furnish assets and liabilities details.
I had submitted my bank and employment details in the court.
My wife qualified as BA had a bank account but did not disclose in the asset form. Job details also she said not working and is a house wife. I am not sure if she working or not before filing the asset form.
Court awarded her a handsome maintenance.
After that she has taken up a new teaching job in a school which I am aware of.

What are the legal ways to prove in the court that she is working now and capable of earning for herself.

RKP   10 February 2023 at 14:35

Highcourts refusal to reduce ia

This query is in continuation of my previous query https://www.lawyersclubindia.com/experts/divorce-case-ia-maintainence-related-query-745886.asp.

My gross salary is 1.5L and net salary is 1.15L and expenses is 1.05L for me and my mother and saving of some 10k per month. My wife stays in my flat and I stay in a rented house along with my mother. Even before the family courts order I used to voluntarily pay 6k maintaince to my wife through money order apart from paying apartment maintenance and other utility bills of my flat where my wife stays. Still paying the same.

The family court judge had earlier awarded her 25k maintenance plus 30k one time litigation fees to be paid by me. Family court judge had not considered the money order receipts I had submitted in court as proof of my voluntary payment. Judge had not consider that she is staying in my flat.

We had approached the high court for its review. But in today's first date( wifes lawyers was not present ) the high court judge also straight forward said that he is not going to touch the family courts order and he is not going to reduce the ia maintenance even though wife is staying in my flat. high court judge also did not consider the money order receipts I submitted in court as proof of my voluntary payment. high court judge also did not consider that she is staying in my flat so he should reduce the amount.

Very saddened by the women biased approached of judges.
What can I do here?

RKP   06 February 2023 at 23:35

Process for stay on interim maintainence

This query is in continuation of my previous query https://www.lawyersclubindia.com/experts/divorce-case-ia-maintainence-related-query-745886.asp.

Bangalore family court has awarded some interim maintenance to my wife and I have just approached the high court for its review. We were expecting the high court judge to order a stay on the family court's ia order. But the high court judge said that before issuing a stay he would also like to hear the wife's lawyer's side. My question is when a husband approaches high court for interim maintenance review then the high court judge will directly order a stay or will he listen to wife's side also before issuing a stay and then decide to order the stay or something else?

RKP   30 November 2022 at 17:04

Divorce case ia maintainence related query

I am located in Bangalore
I was married 5 years back with no children till date as no physical relation till date due to wife's disinterest.
Based on various cruelty I have filed for divorce from my wife 2 years back.
My gross salary is 1.5L and net salary is 1.15L and expenses is 1.05L for me and my mother and saving of some 10k per month.
My wife stays in my flat and I stay in a rented house along with my mother.
I voluntarily pay 6k maintaince to my wife through money order apart from paying apartment maintenance and other utility bills of my flat where my wife stays.
Still my wife who is BA qualified but purposely non working had asked for maintainence of 50k plus 50k litigation fees in her ia advance request.
In her asset liabilities request she mentioned her expense of 25k without giving any proof.

Recently family court judge has awarded her 25k maintianence plus 30k one time litigation fees to be paid by me.
Judge did not consider the money order receipts I submited in court as proof of my voluntary payment.
Judge did not consider that she is staying in my flat.
Judge did not consider that I am only saving around 10k per month and mentioned in the order that I am saving 10k which entirely can be given to the wife as she is not earning, so awarding her 25k maintenance.
Judge mentions that if I have shown 10k as saving then my saving will be much more based on my gross salary so he is awarding 25k to my wife.
Judge also mentioned that since I dragged my wife to the court and since she is not earning so I as husband and petitioner should pay her the litigation charges.

I am in dillema as how will I pay this amount of 25k when I am not saving that much amount.
Planning to approach high court.
What shall I do now?

RKP   09 March 2022 at 03:38

Lawyers contact details

I am located in Mumbai.
My lawyer who is looking my case is not reachable since a month. His office is closed all times. His multiple mobile numbers along with his family member's mobile numbers are all switched off.
I am unable to contact him.

How do I get the residential address of my lawyer?
Can court provide me the lawyers residential address if I show them my case number which he handles?

RKP   26 February 2021 at 02:58

Find juridiction of courts in bangalore

In Bangalore there are two seperate courts to handle Bangalore urban and Bangalore rural areas.
My area is on border or rural and urban areas and some lawyer says our area falls in urban courts juridiction while some says it falls in rural courts juridiction.

How do I find that my area falls under the juridiction of which of the court?

RKP   21 February 2020 at 18:17

Alimony query

In a divorce case filed by husband while granting an alimony does court gives one year salary of husband to a graduate not earning wife?
Is there any way to reduce the amount?
If husband is not willing to give this much amount then will court take husbands unwillingness into consideration or will force him to pay that much amount?

RKP   31 January 2020 at 15:18

Juridiction of legal will

My mother wants to make a legal registered will for her property and monetary assets.
Since she has properties in multiple cities then will my mother have to make different wills in each of the cities(by visiting each of the cities registrar office) for the corresponding properties there or she can make a will from any of the city she is presently residing and mention all the properties(of all cities) in this one will?

RKP   11 January 2020 at 00:28

Gift/quit claim deed juridiction

I have a property in Delhi and have a sale deed of the same.
But now I am residing in other part of India presently Mumbai and may be some other city in future based on my posting.
I have to make gift deed for this property and quit claim deed for other properties in Delhi.
Can I make gift deed by visiting any registrar office/court in Mumbai/any other city or I will have to do it from Delhi only?
Same question on quit claim deed.

RKP   27 July 2019 at 20:01

Juridiction of husband's divorce petition

Posting this query on behalf of my friend who is not computer savvy not knowing to use internet.

My friend is native of Jharkhand but settled in Mumbai for long time since their forefathers time.
But now he is staying since 6 years in Hyderabad as his job is there.
Four years back he got arranged married in Palamu, Jharkhand with a girl of Dhanbad, Jharkhand.
Since the time of marriage the couples are staying in Hyderabad together even now along with boys parents.

Due to his matrimonial issues he wants to file a divorce(Without Mutual Consent) case but doubtful as from where he should file the case.
Can he file the case from the city where he is currently working i.e. hyderabad.
Or
he will have to file the case where the marriage occurred i.e. in Palamu, Jharkhand. Husband does not have any house in this city.
Or
he will have to file the case from where her wife belongs i.e. Dhanbad, Jharkhand
Or
he needs to file the case from where he is settled i.e. Mumbai having a house there

If he files the case from the city where he is currently working i.e. hyderabad then can it be objected based on jurisdiction issue?
If the objection arises then what will be the result of the case filed in hyderabad?
Will it be rejected or will it be transferred elsewhere?
If rejected then will the boy have to file a new case(paying the whole fees again) in the permitted city?