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Creating liabilities to reduce the alimony

Page no : 2

goldsurfer (abcd)     31 May 2012

 

@ Ranee

Since i cannot shut you up, i will do next best thing-IGNORE YOU-you can strip la poonam pandey style but you wont get my attention

 

@chandrashekar

I am not afraid, but with all the stunts by my future ex wife and her family as it is my parents have suddenly aged a decade in past 2 years, i dont wanna add to their misery anymore, so was trying to solve it amicable for my parents and for my child, but sadly trhe b*tch is on her ego trip fueled by her family.

 

@Manish

Right of residence in matrimonial home under DV act is my biggest worry at this point in time-i can show that i am staying in a rented accomodation, but surprisingly my learned lawyer adviced against it-saying it wont make much of a difference-frankly speaking i am surprised.

 

Taking part of salary in cash at this point in time is not possible since currently a foreign company is looking to acquire a stake in our company and CEO with whom i share very very very close rapport has said he doesnt want any hanky panky stuff while due diligience is going on by foreign company.

 

As regards sending money i really am in two minds becasue i am sure money wont be used for the child's benefit. My FIL who has been not working since past 25 years is a shark liivng of his daughter's income-i dont want him to live of my child's money.

 

 

@Tajobsindia

1.What few tricks of RTI/Judgements of other HC are there-which hegde case is being pointed to??

 

2. I am not delaying the filing-the brief is being prepared by me (my lawyer looks incompetent at this point in time to me-searching for another smart one) and also i want to be ready with all the arrangements in place before the case goes on floor.

 

3. I and my future ex wife both are based in Bombay, sadly i cannot have your advise in person and i neither the unbiased judgements of Justice Shiv N Dhingra.

 

4.I can dispose off the stock debentures mutual fund units-convert it in cash and gift it to my parents-but what to do about monthly salary that gets deposited in my salary account-i cannot go on gifting-that will look silly in court. 

 

5.  Demotion is not possible because i am sort of the star/model employee, the department which i am the part is the only revenue earning department-so shifting to another department is not possible,  i am part of the core team and with proposed stake purchase by a foreign company my ceo will not want to do such stunts

 

6. My questions was if i take a loan from company, what use can i show for that money, i cannot create assets like buy a house, i cannot buy a car, i cannot show it as gambling loss, so then what do i do with the laon taken from company. I have told CEO to give me a rolling loan of 24 lakhs, so every month 2 lakhs will be deducted from my salary. After 6 months (after i have repaid 1st tranche of 24 lakhs) i will be given another loan of  24 lakhs for which 2 lakhs will be deducted from my monthly salary. I have taken commitment  from my CEO to continue this arrangment till my case is solved. But million dollar question is what to do with 24 lakhs lumpsum received by me every 6 months???? 

 

7. Can i inflate medical expenditure for myself and parents anyhow??? The courts have to give me benefit for that while calculating the maintenance for the future ex wife and my child.

 

8.Can i make a private trust with monthly endowment from me, and wherein i and my family are the beneficiary or something of that sort?

 

9. Quitting job is out of question-by doing so i would be playing in hands of my future ex wife. My state of penuary would be of great satisfaction to her and otherwise also, i dont know what sort of another job i will get after 2 years

 

10. If i have to become a student. Can i become a student of law??? Study the law itself which i am gonna face.  If yes are there correspondence courses available???

 

11. Can i show that i have loans to be repaid to relatives??? Can i have a backdated agreement on the plain paper stating the same??? Or it has to be on a stamp paper only???

 

12. I am planning to buy NSC from post office in the child's name. Will it be of any use? Or should i open under guardianship account of the child? Which is more useful and  advantageous

 

13. Can i use the 24 lakh loan from company and use that money to buy NSC/KVP for child or undergaurdian account??? What is better option. Create a kitty for child and create a liability for me-ek tir do shikaar???

manish (cdsdfasd sdf)     01 June 2012

@goldsurfer..

Please dont mind what i am going to say.. If i was in your place i would have done this especially bcoz u are in a senior position and also bcoz of your salary component. My mindset has always been that even if i have to spend all my money on lawyers fees, the shark whom i got unfortunately married to wouldnt receive a penny from me.. Yes, the money sent to your child will definietly be used by your wife - no doubt about that. Law course has to be done part time but you need to attend regular classes. You cant practise law without attending regular classes or its not valid. I too have a similar father in law like yours.

My suggestion: Since you are based in bombay, try to find a very senior lawyer or a hotshot lawyer as the term goes. Get a commitment from him that he will personally monitor your case and that payments will be made only if his personal involvement is there during filing of cases as well as arguments. If he cannot amke it to court, he has to send an able assistant - not someone who is just out of law school. The judges act only if they see some important lawyer in front of them otherwise in this country you will only get dates - nothing more..

By the way why dont you get out of this godforsaken country and work outside India. Take your parents out on an India tour or some temples around India but you should be with them. Also give them moral support - something like "Believe in your son - He will never let any harm fall on you" .. I hope u understand what i mean. DOnt let their life go waste.. Also draft a letter about your wife and that you anticipate that she is going to file dowry cases and DV cases against you and send that to the DSP, SP and the local police station asking them to not arrest you or harass you as per circulars issued by the police itself which says that no automatic arrest should be made under 498a.

at the end i will say that try to join save india foundation in mumbai and meet people who are in cases like yours - network and you will get a lot of answes and remedies. SIF in mumbai is quite strong and advice is free. There are no lawyers there but people who have gaines knowledge fighting their own cases.

Self service (None)     01 June 2012

My 2 cents worth advice.. do not worry and do not transfer your property to relatieves and bla ...bla.. what if they turns hostile and you can not recover back from them.

Just spend some money and enegry to find out her earnings, IT return is not only proof, find out her bank account details, find out her expenditures, find out some receipts she gave to her patients and her register how many ppl visits generally. Also find out acquired property and her monthy expenses.

If you can proove your wife is doctor and practising and earning good amount that will reduce alimony very less. Also look for other legal points where she claims infradualent way as court do consider all these things.

Also do not thing about reducing salary etc. and compromise with career as what you will loose will be much more than what you will gain from court.

goldsurfer (abcd)     01 June 2012

@ Manish

 

No offences manish, your point is very valid and practical. Infact at one point in time i was thinking of taking my parents away from all these, but then i didnt go thinking i dont want to show foreing tours and all luxury expenditure. Just out of curiosity what city you are based in?

manish (cdsdfasd sdf)     02 June 2012

@goldsurfer..

I sent you a PM. Please check..

manish (cdsdfasd sdf)     02 June 2012

@goldsurfer,

if you think and think and think.. taking care of your parents is your dharma - the person who didnt want to buy a new slipper just bcoz his child can go to a better school - dont you think he deserves better?

taking your parents on a tour of temples is not a luxury.. Its your duty at the fag end of their life. please take them and it will make all of you feel better. They need a change of scene and this is exactly what my parents told me when i took them out for a short time (they told me after i took them). They never told me anything till then but i knew in their faces and their health that they were desperate for a change of scene. Unfortunately this is how our parents are - they will silently suffer making you think they are allright but deep inside they feel that my child shouldnt feel any pain bcoz of us and they willingly sacrifice themselves for us.

So dont delay. Forget LCI. Take them out - a small trip will do. No court will dare ask why you took your parents out. What use is all the money if you cant get some simple pleasure out of it. As i said in my last post, its better to give away the money to someone rather than feeding a wife like yours.


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