wife is llb. claiming maintenance


@ Tajob Ji

My wife is LLB., and she is claiming maintenance in DV act.

1. I have listened a judjement that lawyer's income is not countable (Means Lawyer have a lot of income). But I don't know  the sitation. Could you give me the details of this judgement. (is there any judgement on this matter).

2. How can I prove that she is able to maintenance. (she is denying that she is not working and just studied the LLB and living as normal house wife).

 

Best Regards.

 
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practicing advocate

even though she is LL.B. and if she has no income, she can claim maintenance.  You have to prove that you have not willfully neglect her and you have to prove that she has got independent income.

 
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Freedom

Agree with Mr Rajeev ,but on second thoughts  you can argue that she is capable and qualified .Hire a detective and see in which court she practises alternatively they can pose as a client and get the required information although it would be difficult to ascertain the quantam of her source of income .

 
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Senior Partner

Only three and half ways left out;


1. Via hiring detective services on h/er letter Head from wife’s Home to Chamber (partner or solo) if any to Court room(s) to home and call detective as your witness.

2. Fix one of your friend / relative and via him/them offer your wife a simple legal case. Make cheque payments for legal fees. Call Bank as your witness with true copy for trace routing instrument(s).

3. File an RTI Application to local Bar Council and seek true copy records of her ID Card (membership details) as active member of the local Bar. Also ask her membership fees payment up-to-date records.  File an RTI to University which gave her LLB degree least she turns back in court and say I am un-educated !

Once you manage to get any / all above file another RTI to District Court to give you true copy of parties name in whose cases she made appearances as main counsel or as proxy-counsel.

1/2. Visit all Banks in 15 kms. radius of wife's ordinary residence including Banks situated at District Court Complex, her parents earlier or present job sites as well as Bank having extension counter at her Uni. from where she did her LLB. At each place Fill out deposit slip / deposit form respectively with your wife's full name and play ignorant jhola chap husband and request Bank PO her a/c number if it in their Branch which she told you to deposit some amount as she needs it in emergency to withdraw via ATM at another location or something similar trial-error story make up. By trial and error method you will hit her A/C no. for sure. Produce the Banker as witness and ask for complete statement records till date, some discoveries you may experience and then cross her; were they proceeds from some coparcener largesse kya !.

Fish - fish you will hit fertile waters to swim instead of dependent upon just a citation when prime facie tides are against you.
 
No ld. brother / sister works for free is my view unless charity begins at home after filing maintenance case(s) !

 


Total likes : 2 times

 
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Independent practice

Sir, Please be practical. Do not waste money with Detective etc. The reality is, for the first year, normally, the Advocates do not get a lot of money, by the independent practice. Advocates profession is not a very much respected profession. Those who get job with any Law Firms, may get good salary. However those who are doing juniorship with Advocates who get very less cases, is not going to pay even bus fare to the Juniors, for the period, unless the Junior himself will start getting cases. There are a lot of Advocates, who do practice for “percentage”, in which the client may not pay even documentation charges. Such Advocates reduce the prospects of new comers to get fees. This is applicable for Doctors also. What is told is, the Juniors are learning to do the work, from which they can make a lot of money, thus no need to pay anything to them. On the other hand, the clients tell that, do the work for percentage. I will prefer to believe the newly joined person, if she tells that, she is not earning anything. At least 5 years is required, for a person to stick to the profession. By that time those who are weak will take LIC Agency, other employments etc, finally those who stick to the profession will be relied by the Clients. In fact, I will request you to do reconciliation and try to live together with her, forgetting all the past. You need not conduct any Agni Parkisha for her Character. You did not write anything about Cruelty/ Desertion etc. Advocates’ profession is tough, and unless there is strong foundation from the family/ husband, her future will remain blank. Wish you all the best. Ramanathan2108@gmail.com 25-9-12 at 11.15 pm.
 
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Admn/HR Executive

thnx ramanathan ji

 
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If she has filed court cases on you then dont spare her by giving another chance of reconcilation ..........collect as many evidences / proofs as you can and continue the Agni-pariksha till she feels the heat !!

 
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Independent practice

Sir, The first five years of any Advocate, who is not from the family of an Advocate Firm is bound to be starving. I do not think that u can get any evidence to substantiate her ADVOCATE INCOME. If the cruelties were not of severe nature, and her character is not suspected, it is better to give her a chance. This i write because, had she been in married life, some time she might not have completed the LL.B, and the luck may want her to become an advocate thus you were separated. Anyway, u r the person know complete facts of your life thus decide accordingly. Ramanathan.G 9.05 pm of 27-9-12
 
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Independent practice

Sir, I have one more point to submit. If a person have income, that will reflect in his/ her dress, food and behaviour. That you can easily know because there may be friends and relatives between you two. To know that point, you will not be in need of a Detective. There is a lot of difference between real income and pretending rich. To the Clients, she can pretent rich, but not to relatives and friends. Please consider this point. Only if she have an income, you need to find out whether from advocate practice or otherwise. Said otherwise part is very difficult - an Advocate have to accompany the client to Crime Woman Cell, travel between courts etc, some time in the Car of the Client/ senior/ another Advocate. thus by sending any decoy client, you may not be able to find out, whether she is going to do Advocate work or doing some immoral thing. To be honest, please note, the first 5 years of any Advocate is very tough, and if she will fall in bad company for survival (do you think that, the ragging within her family will encourage her to tell that she have no income after doing LL.B for 3 years), you will loose her permanently. thus i advice, if there is a possibility for reconciliation, that is now, especially when i am writing it in Electronic form, means no one can say that you got an anonymous letter written from an unknown person. Your silence about my advice is very sad incident. Wish you all the best. 11.15 pm of 28-9-12
 
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