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Meena Sharma (Customer Service Officer)     12 January 2012

Details required abt the case

I have filed DV / 125 and 498 A against my husband. My husband is also a advocate. In DV interim order has been passed, however my husband not paying me anything and have filed an appeal against the same. My questions are: 1. In the interim application, it was mentioned that i m jobless, however i m working at present. What can be consequences for the same. Do i have to give an application to declare that i m working. My husband now wants to file a separate case against this false statement. Pls suggest what should i do as my dv case is at argument stage. 2. My husband is not paying me anything, even though order was passed 1 yr back and appeal was filed at the same time however no stay has granted yet. Is there any way the stay can be stopped as anyways he is not paying me anything and being a lawyer giving many excuses which are getting accepted. Pls suggest. 3. Appeal has been filed against the interim order. Can the court put a stay on the final order till the appeal order is pending. 4. I want to file a divorce case too, but my husband is not ready for the same and taking every step to delay all the matters and filing many false cases against me and my family. I stay in Mumbai whereas he is in Delhi and all the cases are filed in Delhi by him, what should i do, not possible for me to go there every now and then. 4. He is not paying anything even for a child. Though i m working its becoming impossible for me to maintain myself and my son, what should i do to keep the interim order as it is. Pls reply to me either here or on my email id meenupinky1977@gmail.com


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 30 Replies

Shantanu Wavhal (Worker)     12 January 2012

My husband now wants to file a separate case against this false statement.

Shouldn't he ?

being a lawyer giving many excuses which are getting accepted.

courts rely on evidences & merits of parties.

 

I want to file a divorce case too, but my husband is not ready for the same and taking every step to delay all the matters and filing many false cases against me and my family.

If cases are false, it can be easily proven.

 

all the cases are filed in Delhi by him

who filed the first case ? you / husband ?

Meena Sharma (Customer Service Officer)     12 January 2012

I have declared abt my job everywhere, and want to do the same in dv and 125 too, however my lawyer is not supporting me and not ready for the same.

For delaying the matter, my husband and his advocate misses many dates and after that just submit a application that they were sick and even after argements no step has been taken. almost 3 yrs have gone.

I have filed cases first in mumbai in feb and mar 09, and all the false complaints like in 156(3) and sec 9 has been filed by my husband in oct 10, and mentally harrassing me and my family.

Pls advise what shuld i do.

 

 


(Guest)

What Meena is saying is that at the time of applying for interim maintenance she did not have job, but subsequently got a job. She is asking if she should file an application to place the same on record. 

If my reading is wrong, Meena, please correct me. 

Most advocates always suggest and therefore mislead that women should not declare that they are engaged in job. They possibly do not have time to build arguments for a working woman for claiming maintenance. It takes fine reading and non conventional interpretation of the maintenance related laws, as also producing good judgements where working women have been granted maintenance. 

rajiv_lodha (zz)     12 January 2012

Dear Meena!

Be clear....whats ur aim? U have started working, hubby is himself a lawyer....will use every possible tact to harass u further............path is very tortuous 2 get TIMELY justice from courts...........Give Mutual Consent a thought to resolve the issues amilcably........may be money matter......may be divorce........may be living 2gather!

rajiv_lodha (zz)     12 January 2012

To my view u shud declare ur present state of job to the DV court too........via Sec25 or via memo. Advo will guide the correct sec & method too. The other party will quickly produce the same otherwise too!

Agneepath (Software Engineer)     12 January 2012

@Shreya Suhas,
No. She did not declare her job purposefully as she is giving this excuse "The lawyer doesn't want me to". 

 

Dear Meena,
You filed the first FALSE cases, now it's your turn to face the consequences. I do not know why can't women just take divorce with dignity? Why do you always want husband's money COME WHAT MAY? And if you are not capable enough of raising your child (by earning enough for both of you), why don't you give the custody to your husband? Why do you want to have the cake and eat it too? 

 

YOU are the lawyer's client, not lawyer yours. So he/she will do what you will say strongly. They will file another case on you anyway if you hide your job status. 

Only remedy: Talk to him, tell him to get a mutual consented divorce, tell him that you don't want his money - so both of you should take each other's cases out. If you think you can raise the child, have him, otherwise give the child custody to him. 

2 Like

Meena Sharma (Customer Service Officer)     12 January 2012

I have never filed false case, the every statement i have given is true, the details of the job was very well known to my advocate, however she always asked me to hide the facts as she said these cases are made this way only. Now when i want to declare the same, my advocate is not supporting me, though i said i dont want any maintenance from him. My husband's advocate doesnt want this matter to get settle down, they would be ready if i say that u keep my all the things, i dont need any thing. But pls tell me if i expect him to give what my parents have given me in my marriage and a house which has been bought by my father, but he has registered the house in joint name and today not ready to give even 50%.

(Guest)

@Meena,
Dear Sister,
Most of the time, Wives don’t realize the consequences and files Cases one after the Other, thinking they are Superior supported by Laws. But sadly they get trapped in the long run. Without thinking of out come
1) By the time trial starts, Concurrently Their Hair Starts getting Grey / White.
2) They Loose the Golden period (26-40 yrs Approx) Suppose to Spend with their Partners,
3) Since Our Great Puroosh Pradhan Culture, Realizing real face of Girl, as Time passes with Trials Her False Allegations Come One after the Other Uncovers Her Cruel Face in Society.
4) Her younger Sister gets Stuck, since no one will Indulge in Family where their One Daughter Already facing Court.
5) After Trials Over, Acquitted or Compromised, It ends up with Divorce.
6) Same people will not be with her at that time (Age 60 ~ 70) when she was being misguided, there she feels Alone & Loneliness.
7) Ought to Face Continues Suspicious Eyes or Society and More Others humiliation which can't be explain in Words?

So why can't they Understand, Even they win or loose the case. Either side they are at loss in the end?
 

1 Like

Shantanu Wavhal (Worker)     12 January 2012

she always asked me to hide the facts as she said these cases are made this way only. 

she has misguided you.

 

my advocate is not supporting me, 

its time to change ur counsel

 

My husband is also a advocate.

My husband's advocate doesnt want this matter to get settle down

i wonder, why is he paying other advocate ?

 

i expect him to give what my parents have given me in my marriage and a house which has been bought by my father, but he has registered the house in joint name and today not ready to give even 50%.

assuming what u say is true, u have right to get back ur stree-dhan & the house. If u have filed 498a for the same, then u r on the right track. If the husband is misbehaving, he should be punished. (Punishment should be severe; assuming that he, himself is an advocate). Depending upon the merits of ur case, u will get justice.

 

But u know, Indian courts run trials with a speed of a Sloth !

better, solve the dispute mutually. I appreciate ur view of denying maintenance. Fight back for your rights.

Best wishes.

Meena Sharma (Customer Service Officer)     12 January 2012

I totally agree, as my husband himself says kannon to hum vakilo ke haatho ki kathputli hai, hum jaise chahenge nachayenge....i too want to end up everything in a simple and smooth way .... however they dont want to return anything and as he knows ki kaise bachna hai.he has lodged a false case that everything has got stolen by me and my parents and he doesnt have anything. Really dont understand what shuld be my next step.. cant fight more as i have to think for m son....he is not even ready for divorce as his advocate says hume divorce nahi dena...i have told them very clearly that i dont want anything frm tem except the things which are mine....but it seems now it has become a fight of their prestige ki advocate hoke haar kaise gaye... so they say tumhe to hum itne cases mein fansa denge ki tum ghutne tekne pe majboor ho jaoge... no end to all this.

Then how can someone say that we will get justice and courts and laws are there to help women. Just bcoz i m working, it cant be so big offence, after all i have to take care of ny son'e studies and other activities too.

what shuld i do..... As he and his advocate is in total mood of taking revenge from me and i dont have even a single penny to waste.

Agneepath (Software Engineer)     12 January 2012

 

@Meena,

As I said, YOU are the lawyer's client, not the opposite. You are paying her the money to fight your case. If she wants you to hide your job, she is not competent enough and will bring you more trouble than benefit - it is quite COMMON SENSE and you can understand that! Dump the lawyer and stop giving reasons that "I want to show the job but my lawyer doesn't!". 

Rest, Mr. Shantanu has guided you quite well. 

Meena Sharma (Customer Service Officer)     12 January 2012

I understand...but dont understand what to do as my husband is going on filing cases and i am not left out with a single penny to hire advocates. is there any way to get out of it.

Shantanu Wavhal (Worker)     12 January 2012

the husband is misusing his knowledge. But he should not forget - Truth can not be changed.


Please submit ur query at the Expert section too.


i am giving link :

https://www.lawyersclubindia.com/experts/default.asp

Meena Sharma (Customer Service Officer)     12 January 2012

Thank u shantanu.....for all ur valuable feedbacks and suggestions.

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