Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijesh sharma (prop)     09 March 2013

Plz help me!!!

 I am 42 yrs old, frm pune. married since 1992,  wife filed a divorce case in dec 2012 my avg income is  5 lacs last year and  7 lacs this yr. this i recieved in chq reflecting in my bank. though i have nt filed ny return. got a flat. jointly owned by me/my wife. today costing around 60 lacs. though i am paying the  instalments which is 15.5k now p/m. I was in regular jon till 2009, but lost job and after no income and job fr one year started real estate business frm past 3 yrs.

 we have two sons aged 18 and 14 in

My wife  works in bpo sector from last eight years, her salary is 35k p.m..  her claims are that i have been cruel. beaten her and got adultry issues. she needs the maintaince of 50 k p/m frm me. and prompting to sell the house the give her 50% immediately

where in in real she has just claimed this to file a divorce case.. where in the reality is just on a petty issue she left home with the elder son and rented a house since april 2012. though after a few days of strain we started meeting nd talking. we regularly use to have s*x and outings and i use to buy regular gifts to her. since may i have been calling her back. bt she came with a strange demand tht transfer the house in full in my name. tht too i accepted, but she conditioned it tht first u do then will cme. which i refused. so she cud nt cme to stay. in sept. i found her roaming with another guy. as i asked her to send kids so i will buy gift nd dresses. she said she is in office for extra work though it was sunday. i said am coming to meet u as kids wil take time to b ready. she was not in the office as it was her off.. she was roaming with a man in a theatre. she came and accepted or rather told all on her own. i called tht guy.... bt she absconded... and stopped talking to her. she again become normal .

  we had two hearings and two conselling sessions. in three occasions we went together in my car.. after thta had lunch and s*x too...

 bt since last month things become bad and non communicative.

My questions are... Can court force me to sell my flat and give her money... my son 14yrs stay with me... rates of the property are on a increasing trend..so i dnt want to sell it. but can i b forced to sell it

 i dnt have a regular income. but managing emi of flat ( 15.5 k) and emi of car ( 4.5k) where in she has a regular income of 35k. can they force me to pay her alimony of a one time money.. as i may not have more then  5 lacs as savings.

 thirdly the reality is she has strayed not me. i found out tht her story was gooing on frm past 2 yrs, her whole office was aware of it. so on a minor fight she left the house. tht guy use to visit her rental flat on many occasions which both my sons had confirmed. i havnt seen the person till date.

 its not only a deep emotional tragedy for me.. as we have stayed in loving relation for  22 yrs... we had courtship of 2 yrs. i feel betrayed..as well this traumatic feel and the finacial issues she is creating and threatening has made me bad nd worse.

 

plz guide and help...

 

 

 

 

0



Learning

 17 Replies

stanley (Freedom)     09 March 2013

Fliriting around in BPO and software companies is a trend . Behind every affair there is a false case of Domestic violence or 498 A . So please dont get emotional . After a few years spending your time in court you will get used to the routine and become hardened :-) 

1.you dont have to pay her maintanence  as she is  a working women . 

2. For the children maintanence is co-extensive and both have to contribute for the same .As one of your sons is above the age of eighteen and is a major it would be dificult for her to seek maintanence for him  but you can of your own free will provide him with maintanence for his further studies .if you have custody of the children you dont have to pay her anything .

3. As the flat  is jointly owned  let  either party prove their respective claims and ratio in terms of contribution towards the flat and accordingly as per their ratio  of contributions they can have their respective shares else one can buy the others shares . The court cant force you to sell the property but she can very well ask for her share of the property .

Vijesh sharma (prop)     09 March 2013

Dear Stanley , 

 thank you so much for your reply....." ASK FOR IT .. MEANS WHAT ".... Frankly i have been hurt so bad... that i dont want to give her anything..... the fact is such tht...we use to live so close and in such a loving relation that she had not even remmbered that half  flat already is in her name........  when for the first time she had asked for it...she said gimme half of the flat first then only i will come..... i told her idiot its already in your name... then she started...gimme full..... she has been deeply confussed by her so called bpo friends...and that guy who potray as well wisher... but ruined the lifes... and he vanished leaving her in lurch...  regards

 

 vijesh sharma...

Vijesh sharma (prop)     09 March 2013

Can i file any case against her?????

 or i cant...

As she has gone to the court first.....


(Guest)
Originally posted by : Vijesh sharma

Can i file any case against her?????

 or i cant...

As she has gone to the court first.....

 

 

I wish you could, I wish I could as well many other male members against their wife..


1. The DV act case.

2.  498a case.


But gender biased laws. 


Answer is no.

Vijesh sharma (prop)     09 March 2013

its disheartenening...  so unfair... she cheats me... spoils my family.... creates baseless and false  allegations...ask my hard earned house... and i am the one under pressure... 

Vijesh sharma (prop)     09 March 2013

I also would like to know that can i miss any of the date of mine in court .. or it will go against me... as my next date is on 11 march..but i have to leave for bombay for an very important deal...

Aashish George (lawyer)     09 March 2013

vijesh sharma, for accurate guidance plz contact mr. rajkumar makkad ji. he is one of the experts in this field. now coming to the problem at hand. i would suggest section 9 of the Hindu Marriage Act, 1955, make the court bring her back to you. tell the court that you are ready to keep her and look after her and dont get angry or emotional or abuse or frustrated, just keep chanting that you want her back. suggest therapy, and show the court that you are willing to do anything to make this marriage work and see the wonders my friend. this is not the time to get emotional, this is the time to stay clam and use your head. please hire a good lawyer and let him take care of your pain, u cant seriously be doing things on your own now, can you?
1 Like

Nitish Banka (lawyer)     09 March 2013

No maintainence if the wife is working.

1 Like

(Guest)
Originally posted by : Vijesh sharma

I also would like to know that can i miss any of the date of mine in court .. or it will go against me... as my next date is on 11 march..but i have to leave for bombay for an very important deal...


This is what the fate of people who attend court dates in family court for divorce.  There are lakhs of people who have applied for divorce.  One date will be approximately 2 to 3 months apart from each other.  Lets say, if today is your date for court, 9.3.13 next date will be three months from today [not necessarily] ie on 9.6.13.


So 4 X 3 = 12, ie 4 dates = 1 year.


You missing date means time get stretched for another 3 months, that's all.  Find a good lawyer who attends all dates, but your presence is necessary, its your life, its your divorce proceeding  UC!

vijay (M)     09 March 2013

I think you can very well file adultery against the man.  Secondly since maintenance is co-extensive you may claim maintenance for your younger son.  another thing, your marriage is more or less dead, so move on.  Rather ask her to renounce all claims on your flat as a condition to giving divorce.

Vijesh sharma (prop)     09 March 2013

i told her the same... that lets move on.... as its quite not easy for me after knowing all the reality that she have been fooling me from past 2 yrs... now she almost caught red handed... so instead of feeling ashamed.. she is behaving like a wild cat.... my parents ..my friends and all well wishers got tired of counselling her... but she says..paise aur flat tou mein tere baap se bhi le lungi.... which angered me to the core.. that even after she gt caought... just for the wake of kids and past love life of 22 yrs.. assuming tht she must have been lost it due the culture of bpo...

i have met her past colleagues too who confirmed me on tape tht thiers was a known story to all...

 what angered me most is tht on pretext of A  small fight she left the house where in the reality was she wanted freedom so tht man can come to her house...

 what is angered me.. that she did all in fron of two young grown up boys in the wake and term called friends... but where in the husband is not even aware of so called friend frm past 2 yrs... and the day she caught... she said she is in office doing duty where in she was roaming at a mall..planning for a movie..

Vijesh sharma (prop)     09 March 2013

 you are right dear.... but the story is.. as i caught her red handed... instead getting ashamed... she behaving insane... she says i did the case just to trouble you.... and am sure  that she is still on free will doing all what she has been doing in hiding earlier...  although after getting caught.. she had stopped connecting with the man... i got no proofs.. tht she is still on with it or not...

 

 

 more ever since sept 30th when she had got caught... she had been to police against me for just nothing.... but the moment police listened the reality... they said nothing to me... and asked her not to show up again fr nothing...

 

Vijesh sharma (prop)     09 March 2013

My question was if by some circumstances i fail to attend the court on the designated date.... will court decide or give any judgement one sided and awarding her what all she has asked for...

 am already feeling like a victim....  so my concern was if i missed coming date of 11th march... court will not be decideing one sided and awarding her all she asking... which itself is unjustified..which i can make out by reading the remarks of all u learned people  

Nitish Banka (lawyer)     09 March 2013

You can ask your lawyer to seek exemption of ur appearance...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register