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Kamlesh (other)     17 January 2012

Divorce and maintence

Dear Experts : Pl. answer my questions and suggest what to do ?

Q1. My wife filed Maintenance against me, and Domestic Violence against me and my Mom which is not true. We have a kid (Baby Girl aged 3 Years). She stayed with me for 5 months altogether in 4 Years and me & my mother rarely seen my daugher. I am aware that she is working and earning good enough than me. She is Graduate and i am 12th Pass. I have her Bank Statement (Not stamped by Bank) and her Job Visiting Card. Which shows she is earning average 25,000 per month. While i earn 6-7 k per month.

Q2. I don't have any bank balance or property by my name. My Father is not staying with us and I am staying in an house with my Mother, which is on my Mother's name. Can she claim Property right if it belongs to my mother ?

Q3. I filed divorce against her on the basis of desertion for more the 3 years with out valid reason and adultery. as she meets her Boy-friend and i have her call details report for both.and she also confessed against my on our telephonic conversation which was recorded with me ? She is claiming Rs. 10 Lac for divorce and i am incapable to pay her.

Q.4. I am currently paying her the Intering amount ordered by Court under Section 125, and also filed Sec.127 for Nullify or revision of Interim decree. We requested for Witness from her office and court granted and on this 14 th Feb 2012 someone from her office may come to court to prove that she is working and disclose her Salary. Based on That i am expecting some relief from Maintenance case. But I don't know what she and her lawer will do now.

Pl. Help me in this Situation.


 5 Replies

Nadeem Qureshi (Advocate/     17 January 2012

Dear Kamlesh

According to your query, as per my opinion if you have proof against her no need to worry fight the divorce case  & definetily you will be win the case & get divorce on merit.

feel free to call

sridhar pasumarthy (ADVOCATE)     17 January 2012

Dear Kamlesh,

1. Produce before the court all the proofs that u have wrt her income so that u need not pay any maintainenance to her.

2.As the property exclusively belongs to ur mother, ur wife cannot claim any rights over the said property.

3.When u have sufficient proofs to substantiate ur case, why do you go for compromise.

4.I think that the proposed witness might be gained over by them as he belongs to her office.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2012

yes prove her income, you may get the record from various sources.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2012

yes prove her income, you may get the record from various sources.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Nothing left to add, it is a repeated query.





Shonee Kapoor

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