venkat (business) 16 January 2014

Stay on divorce petition till maintaince paid.

Dear Learned Memebers,
I have filed divorce petition in the month of Jan 2013. During the counseling sessions in the month of may 2013 I have agreed to pay Rs 10,000/- monthly to my daughter and wife and also to pay my daughter school fee, the same has been signed by me and my wife and not by my lawer. I have agreed solely on seeing the plight of my daughter and also thinking of her future. In the mean while I got know that a whole drama has been done to show my daughter in poor light, so as to emotionally blackmail me. So I only paid my daughters school fee and also for her dresses. And I didn’t paid anything to my wife. Counseling has been failed and the judge asked her to file counter for the divorce. On the date of filing counter they have filed petition to stay all the further proceeding until I pay the pending arrears of the Maintaince.

Brief history of my case :

Married on 12.02.2019, from the day of marriage heavy interference and involvements by wifes parents even in day to day matters. And also demand for leaving my parents and have separate house. She left my house in the month of oct 2011 for not agreeing for her terms. Their demand is to leave my parents and have to move all my properties to her name.

Their lawyer is a very experienced person, so he didn’t filed any false criminal cases and threatedned me if I didn’t oblige them. They simply want to extract money from me. Because they know that any criminal case against me, will have my job gone and they will not get any money. Unfortunately my lawyer is a novice and he is not interested in my case and also I am not able to get a good lawyer who can withstand their political pressure. Literally I have to fight my own case.

Please guide me through the following points and also any thing else that will help me.

1.What if I will not pay and ask the court to direct my wife to file Maintaince petition.

2.Is there any way that the stay to be lifted i.e citations of any judgments

3.Should i approch higher court for the same.

Avoiding Maintaince is not my aim. But
my main aim is to let the court know the real intentions of her, which only come forth while she file and fight for the Maintaince.

Please help me. I didn’t want any one to take her as a role model and harass the husbands for their ultimate monetary gains.

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3 Replies

sandykrish (Interested in Family LAW) 16 January 2014

@ Venkat if you are based out of Bangalore we will help you. Reach out to me via PM. I'm not a lawyer but can assist you to analyse the case and help you in lawyer management initiatives. If you are only interested call me.

Damayanti (Unemployed) 16 January 2014

this is called greedy mind.

You felt nervous as to criminal cases and hence you obliged to pay for daughter, it seems.

You are liable to maintain kid as well as wife. There is no escape.

Don't get fooled by any adverse advise, else you would end up feeding the lawyer's kids (vide laywer's fees and protracted trial. you have no remedy to it) instead of yours!!!

Actually it was sensible on your part to skip the trial and oradeal which otherwise would have consumed a tleast a year or even more for proceedings as to maintenance.

Keep paying and try to expedite the matter.

Even after paying on time wife indulges in delaying tactic your case becomes strong.

Ask for heavy costs for every adjournment by wife, else press for 'no defense' by wife and let her suffer.

Else (if above delaying tactics occur) you may simply declare 'I withdraw my unertaking to pay maintenance'. one can't have the cake and eat it too.

Don't waste time on any advise which cause more battle (more job opportunity for ....)

I give you this advise although I now practice ;aw. We have ample genuine work.

Don't feed useless lawyers we don't think them as a memeber of our fraternity ethically.

T. Kalaiselvan, Advocate (Advocate) 16 January 2014

@Venkat:1.What if I will not pay and ask the court to direct my wife to file Maintenance petition - If the maintenance amount agreed upon in the counselling session was on an order by the mediator or on a mutual agreement?, If it was on an order, you can challenge it by preferring an appeal or revision against it. If not on an order, once the mediation failed and the case reverted to the regular court, in the absence of any order by the trial court in this regard, you do not have to pay any maintenance amount, you may argue on this point.

2.Is there any way that the stay to be lifted i.e citations of any judgments - No citations , search for yourself.

3.Should i approch higher court for the same. Not necessary.

Lastly, do not blame the lawyer for the debacle against you, if you feel he is not upto your expectations, you always have a right to change the lawyer do it or fight yourself.