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Engineer Jack (Engineer)     27 November 2016

Seeking advice on permanent alimony

Dear all,

I couldn't travel this time to Delhi due to my medical problem, after accident, so I hired some local lawyer in Delhi for settlement proceedings in court. Unfortunately, things didn't turn up as expected due to bad negotiations from our end.

I am unhappy with the settlement given by the councilor as 24.1 lakhs besides 1.8 lakh as maintenance, which is already paid . Cumulatively its working out to be close to 26 Lakhs, which is higher then agreed. Although, I have not yet signed the document and have full right to reject the offer but was wondering what is the correct procedure, as my date for 1st motion is given as 15 Dec and I presume I need to pay 50% alimony on that day.

Agreed out-off court settlement was 25 lakhs including all maintenance with return of some personal gold jewelry. I am told that my estranged wife have declined returning gold jewelry in front of the Marriage Counselor, who was adjudicated settlement job in the family court.

Now those professional thugs would be celebrating on our foolishness and lack of mathematical skills, as my people have settled for much higher money than discussed and agreed.I am trying to arrange funds but can’t arrange more than 20 lakhs due to bad market condition within India and abroad. I have ample of responsibilities with dads surgery pending.

Professionally, I am without a job past 2 years and 6 years overall since, I relocated to India. Can you advice, after wasting 8 years and 15 lakhs on to and fro Delhi visit and litigation till now, is 26 lakhs a justified deal? Our wedding lasted barely 10 months and has no issues.

What would be a alimony deal for an unemployed Civil Engineer, if I contest and how long wud it take, if I close all my evidences and ask respondent to submit affidavit and call her for cross examination, considering the fact that I have Delhi high court order for expeditious disposal of case. Although, my Delhi High court order came on 7 Oct 2015 (more than 13 month back), I haven’t seen family court judge giving any heed to the order and have been providing me dates after 5 to 7 months. So frustration level is high.

Free and frank opinion shall be highly appreciated.

Jack (engg810@gmail.com)

+9860 89 5515

 

 


Learning

 12 Replies

Sachin (N.A)     27 November 2016

I don't understand how you people agree to give so huge amount, if your priority is to remarry then i understand but as you say you have already wasted 8 years then why to give so much huge amt for that.

 

My case is also 8 year old but i havn't paid a single paisa to my wife only paying child maintenance.And she is begging for divorce without even single paisa and even without child maintenance

1 Like

Sachin (N.A)     27 November 2016

The biggest mistake you people do is " Lets talk about settlement amount as their is no harm in only having talk" but your this attitude gives the wrong message to opposite party that you might agree later after some more harrasment or negotiation.

 

The only stand is " NO TALKS RELATED TO MONEY"


(Guest)
Originally posted by : Engineer Jack
Dear all,

I couldn't travel this time to Delhi due to my medical problem, after accident, so I hired some local lawyer in Delhi for settlement proceedings in court. Unfortunately, things didn't turn up as expected due to bad negotiations from our end.

I am unhappy with the settlement given by the councilor as 24.1 lakhs besides 1.8 lakh as maintenance, which is already paid . Cumulatively its working out to be close to 26 Lakhs, which is higher then agreed. Although, I have not yet signed the document and have full right to reject the offer but was wondering what is the correct procedure, as my date for 1st motion is given as 15 Dec and I presume I need to pay 50% alimony on that day.

Agreed out-off court settlement was 25 lakhs including all maintenance with return of some personal gold jewelry. I am told that my estranged wife have declined returning gold jewelry in front of the Marriage Counselor, who was adjudicated settlement job in the family court.

Now those professional thugs would be celebrating on our foolishness and lack of mathematical skills, as my people have settled for much higher money than discussed and agreed.I am trying to arrange funds but can’t arrange more than 20 lakhs due to bad market condition within India and abroad. I have ample of responsibilities with dads surgery pending.

Professionally, I am without a job past 2 years and 6 years overall since, I relocated to India. Can you advice, after wasting 8 years and 15 lakhs on to and fro Delhi visit and litigation till now, is 26 lakhs a justified deal? Our wedding lasted barely 10 months and has no issues.

What would be a alimony deal for an unemployed Civil Engineer, if I contest and how long wud it take, if I close all my evidences and ask respondent to submit affidavit and call her for cross examination, considering the fact that I have Delhi high court order for expeditious disposal of case. Although, my Delhi High court order came on 7 Oct 2015 (more than 13 month back), I haven’t seen family court judge giving any heed to the order and have been providing me dates after 5 to 7 months. So frustration level is high.

Free and frank opinion shall be highly appreciated.

Jack (engg810@gmail.com)

+9860 89 5515

 

 

10 months of marriage.  You have taken dowry.  Now legally you should be giving it back.  You spent 8+ years roaming to court.  Now you are ready to give back whatever you took plus give cash? Or is it the actual cash you took from the girls father that you are quoting it as 26 lakhs?  If that is the total amount of cash that you took from girls father + the jewellery etc, then it is okay deal.  If you are paying them extra cash which you did not even take (read that as freedom ticket price) then you are paying too much as you already lost 8 years running behind nothing.

 

I am of the opinion that, you are doing wrong in agreeing to pay such huge amount that too after 8 years.  Settlement of divorce should be done within maximum 1 year from date of application to court be either of the party.  Then settlement also looks good, it will save your time as it is done within 1 year or so of you people approaching court. 

 

In your case there is out of court settlement?  Why?  That itself is foolishness.  That clearly implies you are just giving cash which you took at the time of marriage from girls father.

 

You have lost time.  Time = money.  And now you are paying money ie 26 lakh rupees cash?

 

As you are on the tava now, and your patience levels have dried up, better pay whatever you can, atleast you will be at peace, even if the money and the years are gone, you will be saving another decade of roaming to court if you agree for settlement.  But the price is too high for the ordeal you have faced and are facing.  You can call me and take further advice if you feel so.  All the best.

Engineer Jack (Engineer)     29 November 2016

Many thanks for the reply. I never took dowry so this money is being paid to that b*tch, who was mentally and physicaly impotent and enjoyed immunity due to persistant court adjournments. I am damn frustrated coz; Courts in India are just waste of time and money. This moeny is beng paid  to get some respite in my life as I have understood, this case wud never end. 

Engineer Jack (Engineer)     29 November 2016

All cases are not identical and must be looked deligently. My estranged wife was a sadistic b*tch and never wished to settle  and then we know, courts in India are absolutly waste of time and money, who indeed help thugs to exploit innocent.

innocenthusband   03 December 2016

Dont pay a single rupee. Time is still there for you to not pay. Dont make the mistake of paying her. You want your divorce? You will get it. If it took you 8 years of zero progress I need not tell you that you have a cheat of a lawyer, and a sadistic lawyer at that. Study the law, you're an engineer, its really not that difficult. It would take you no more than 3 months of intensive study of marital cases to figure the ins and outs. Study cases, study judgements.

Find your own way out of this mess. Its sad that you have folks who ask you to pay. Ask them to pitch even 1% on loan basis and see how they change their 'frank opinion' to the exact opposite. They will also advise you not to pay.

You are committing a huge mistake. If you had committed a crime, you would be behind bars now. You still have time to find an able lawyer and get your head out of this mess without paying your hard earned money.

Be smart, think out of the box. No one else will.

whatnot   05 December 2016

It is time to toughen up and make crusade to teach them a lesson.

You should renigade from settlement and proceed to fight the case based on merits.

There are enough trips you can make abroad with that kind of money and have 'social' pleasure.

Spend it on yourself and become penniless and even if they have decree where will they get the money from.

 

Look in another way, you will be helping another human being saving that soul from cructhes of your 'b1T*h'

Don't pay. Play the system

Engineer Jack (Engineer)     06 December 2016

Hi,

I have gone through the judgements online and have a fair bit of idea about the Indian Judiciary, which is in a pathetic state and biased too. The law is outdated and designed for thugs and crooks to delay proceedings and their whims and fancies and encourage extortion.

I am sick visiting Delhi and paying unnecessary maintenance to a paranoid woman, who is well accomplished and working. The maintenance and divorce law in India is a joke and one need to be a day dreamer to expect justice in India. Thanks for all your advices but I think its high time to amend the law and have a time bound deadline in divorce proceedings.

Thanks,

Jack   


(Guest)
Originally posted by : Engineer Jack
Hi,

I have gone through the judgements online and have a fair bit of idea about the Indian Judiciary, which is in a pathetic state and biased too. The law is outdated and designed for thugs and crooks to delay proceedings and their whims and fancies and encourage extortion.

I am sick visiting Delhi and paying unnecessary maintenance to a paranoid woman, who is well accomplished and working. The maintenance and divorce law in India is a joke and one need to be a day dreamer to expect justice in India. Thanks for all your advices but I think its high time to amend the law and have a time bound deadline in divorce proceedings.

Thanks,

Jack   

When loosers like you dont take life seriously and adjust with spouse everyone around you will start looking like what you mentioned.  This is India and we have a rich culture where marriage is considered as sacred ritual, which once done holds good for 7 lifetimes, which people like you and your wife wont understand.  The process is the only way to let you know the value of the instituition of marriage.  By the end of it you will sure learn to respect relationship and also marriage, that is what Indian personal laws will teach you.  

Instead of cursing the system, why dont you bend your ego and adjust with your wife?  Think about that.

Alok Motan (Advocate)     08 December 2016

Brother how and from where this figure arrived? 25Lakhs or 26 Lakhs whatever, that too after a long battle. DO NOT settle it.

Its not worth. I doubt that your lawyer might have connived.(No offences pls)

Dont Settle it. Start fresh settlement talks.

1 Like

innocenthusband   09 December 2016

Originally posted by : Engineer Jack
Hi,

I have gone through the judgements online and have a fair bit of idea about the Indian Judiciary, which is in a pathetic state and biased too. The law is outdated and designed for thugs and crooks to delay proceedings and their whims and fancies and encourage extortion.

I am sick visiting Delhi and paying unnecessary maintenance to a paranoid woman, who is well accomplished and working. The maintenance and divorce law in India is a joke and one need to be a day dreamer to expect justice in India. Thanks for all your advices but I think its high time to amend the law and have a time bound deadline in divorce proceedings.

Thanks,

Jack   

You have pitiable loser written all your face. Nobody should give a damn about amending law. It may not get amended in your lifetime, but if you want to wait you can wait all you want. All of us are stuck within this law and are in the process of finding/already found ways through it. 

Your manner of writing shows that you have no spine, and have no desire to have one. Your wife is a very lucky woman. She has found an idiot who is very difficult to find. The kind who is ready to pay lakhs upon lakhs because it's been 8 years. 

Engineer Jack (Engineer)     04 January 2017

How stupid and insensetive are your comments. I think you are too imatured and Wish you get a impotent spouse in your lifeterm. 


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