Dv after divorce and suggestion regarding maintenance

Originally posted by : Harrassed
	Dear Experts, Summary: 1. I divorced and she accepted on 1st Mar 2012 2. She filed DV case demanded 35% of 1Lac (my salary)  on 2nd Mar2012. 3. Case is pending in HC to check if this DV is valid after divorce or not.(In UP Court). 4. Crpc125 is dismissed and 406 is complete. 5. 498a is stayed by HC.   Are these valid points to reduce maintenance?   1. If i ask my parents to file case for maintance against me for 50% of salary.(In delhi) Then you will have to pay them also and pay your wife also, as your wife filed first her case will be trialled first and if you ask your parents to file maintenance application now, then it wont save you from paying your wife, you will also end up paying your parents too.  If you had plans to not pay your wife at all, you should have planned it in advance, not now you idiot.  well there are other ways to avoid paying wife alimony which I do not want to discuss here, you may ask the same in private. 2. If i take personal loan having emi equal to 20% of salary You can do that now, but again what has already been ordered need to be paid, only after clearing old balance from date of application of alimony you can think of playing hide and seek with court.  As I said earlier, you could have planned it earlier before she file the DV case. 3. If i ask my would be wife to file for maintenance for 20% of salary.(In delhi) Would be wife?  Future wife can file maintenance application?  You must run a parallel govt if you want to do something like that, then you will become messiah for all woman.  You may ask your future wife to file maintenance application now itself.  Court may also order you to pay alimony to your future wife also, keeping in mind that you will in future run a parallel govt to MODI govt ! 4. What will be the impact of insurance policies. Insurance policies can be used if you die or if you meet with an accident, but it depends on what kind of insurance policies you have with you.  If some of them are maturing, you can as well withdraw such amount and use it for your expenses.   If all the above points are valid then i'll have only 5% left for me to survive so my question is how judge will calculate maintenance for ex-wife,is it from 5% or 100% of my salary. IT appears that only you have brain and no one else.  This questoin you will need to ask the judge himself.  He is best person to answer this wonderful questoin. I want to show above 4 points as liability on me.  Yes you can show all of the above as liability, you can also show money which you spent paying friends bar bill too, along with bar bill. for e.g my salary is 1Lac.   50000 for parents 20000 for loan emi 20000 for would be wife 5000 for insurance   so balance is only 5000 left for me to survice so ex-wife will get share from 5000 or 1Lac.   Thanks Imran

Yes.  Bas tumhara hi dimaag he, tumara hi govt he aur judge tumhare waste hi baitha udhar goti khelte, ki Imran aata, aur main yaiich order karoonga karke.  All the best.

PS:  EK kaam karo, ek letter likkho, mujhe aise hi order hona and I want it in this font only and this font size only and on this colour sheet only, though this may be the first of its kind, judge may simply sign the letter and give it back to you !

Dear Gyan Prakash bhai..

Thanks for your reply,i really like your style to explain.

Bss bhai kya karein aajkal ye Msc or Phd keri larki shadiyo ka beda gark ker rakha hai..Inke maa baap bhi yahi sochte hai ke kamake to kha hi legi ghar kharab hota hai to bhi kya..aur hum educated family mein islye shadi kerlete hai ke kam se kam bacho ki education achi hogi..but zindagi barbaad keerdete hai inlarki log ke maa baap,ex wife ki life bhi kharab aur apni ko free fund ke tension or ye unnecessary ideas dhundhte rehte hai..

Bhai agar pehle hi pata hota ke ye phd wali larki log dv or 498a daalti hai to me shadi hi ni kerta aur aap kehrahe ho..dv file honey se pehle hi mujhe sochna chahye tha..:-P

Ab koi rasta hai to bataein?

Originally posted by : Harrassed
	Dear Gyan Prakash bhai.. Thanks for your reply,i really like your style to explain. Bss bhai kya karein aajkal ye Msc or Phd keri larki shadiyo ka beda gark ker rakha hai..Inke maa baap bhi yahi sochte hai ke kamake to kha hi legi ghar kharab hota hai to bhi kya..aur hum educated family mein islye shadi kerlete hai ke kam se kam bacho ki education achi hogi..but zindagi barbaad keerdete hai inlarki log ke maa baap,ex wife ki life bhi kharab aur apni ko free fund ke tension or ye unnecessary ideas dhundhte rehte hai.. Bhai agar pehle hi pata hota ke ye phd wali larki log dv or 498a daalti hai to me shadi hi ni kerta aur aap kehrahe ho..dv file honey se pehle hi mujhe sochna chahye tha..:-P Ab koi rasta hai to bataein?

Hi Imran,

Maine apne pandra saal ke career mein, where I have worked alone excluding the other 10 years where I practiced under other senior lawyers, have seen almost all the permutations and combination of cases and problems with regard to marital discourse.

Just having a degree and post graduate degree does not mean that a person is educated.

In India,  Illiterate women are more educated than the so called EDUCATED WOMEN.

And according to my experience, one needs to plan each line in divorce petition and write keeping the future and all the possiblities of wife's allegations and how she may counter it. That is the only method to avoid paying alimony to a wife who has not been a good wife.  

Even now you can plan it properly.  Any alimony ordered, either interim or under DV, holds good only for a period of 1 year.  After end of each year you need to submit to the same court a change in circumstances application asking the court to readjudicate the alimony that it has ordered.  along with it, file all expenses incurred by you, insurance bills (whicch you have taken before you filed for divorce), all day to day expenses, internet bills, phone bills, your medical bills (along with doctor reports), loans that you have taken earlier for house, to buy flat excluding that of car loan, education loan.  all these should predate your entrance into court date.  mind it, you cannot show expenses towards chacha ka beta, mousa ka beta, mousi ke beti, ammi, abbu.  YOu can show expenses on your own self.  and this need to be done at end of each year.  and whenver you change your job, you let the court know, the taxes you pay also need to be shown as expenses.  If you lose job, first let the court know, and inspite of all this if the cout wont consider anything, you go appeal in HC< if HC rejects your plea, go to SC, buy time.  If finnaly warrant is going issued due to nonpayment, pay a little, buy some more time to pay balance.

and finally if you are adamant about not paying lovely post graduate wife, then simply play as above till warrant is issued, let the balance run into lacs of rupees, just go spend 1 month in jail, and old balance is written off.  Cool !

Thankyou very much i got your point.