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shweta   19 May 2016

Dv case going on since 1 year

Hello

I filled for a DV case last year ,after being in a marriage of 8 years and being blessed with a lovely daughter who is 7 years of age right now. Things got from bad to ugly and so had to take this step.

my this case has been going on since more than a year and it just seems to be going no where. all i want is that my husband starts paying for the child"s maintenance. He doesnt give a penny for anything ..he left us 3 years back and started putting pressure for divorce and then when i retaliated he left by saying that he has no job and cannot do anything for the house or child.

i have been struggling to meet with the financesof house emi and school fee and various other bills .. my mother and brother have been partly supporting me in running my house, since i dont earn much ..and have a child with medical condition which kind of binds me in not been able to pick a 9 to 5 job which would pay me more.

My each and every piece of jewellery is with my in laws and they have outrightly denied in giving it back.

My husband has not even filed for visitation rights or even tried in meeting our daughter since last 3 years inspite of knowing that she has a medical condition.,and am sure he never would want to meet her.

Now in the last court date his lawyer said that he doesnt earn much so he cannot give anything. whereas he is working as a freelance consulatant where he charges $100 ​USD and has a small bussiness. All I wanted was that he gives my jewellery back and gives some amount for my daughter.

But i see everything in vain... dates keep getting postponed either coz judge is unwell or his lawyer is unwell or my lawyer is unwell and finally medical certificate from my husband.

Just one and only  one thing i need clarity ...would i be able to get anything for my child?

If not then i might as well call it quits and focus and put all my energies on my daughter and her betterment. Coz at this rate its taking a massive toll.

 

thank you,

Regards



 17 Replies


(Guest)

Sorry to hear your situation. It is unlikely that you will get any relief by fighting this case. If you keep pushing some maintenance will be awarded, but your husband can keep playing delay tactics. Even after award he can refuse to pay and play further delay/frustration tactics. In order to force him to pay you may have to fight in court for 5-10 years. Eventually cost of lawyer will exceed what you will get from husband. Lawyers advise filing DV cases simply to make easy money not because they care for your interest. Filing a DV case completely destroys the relationship and any hope to revive it. Before filing cases there exists some hope to resolve matter. After filing DV case the connection between couple becomes extremely bitter. At this point husband wants to cause you suffering even if it costs him time and money. It is all out war and all dirty tricks become justified. Indian court system allows hundreds of such tricks. 

P. Venu (Advocate)     20 May 2016

True, it appears your lawyer less than sincere. I am unable to make any definite suggestion other than to withdraw the vakalatnama and appear party in person and try your level best.

shweta   20 May 2016

Thank you @autohide and @p. Venu for your response , it made somethings clear.

Really dont know whom to blame the Judiciary or the lawyer or ourselves. All that hoopla of laws favouring women is just for talks. Seems laws only favour when one does false cases be it women or men.

So finally i bend down in front of my estranged husband to what he so skillfully planned and wanted... part ways without giving anything and mind you nothing for myself ...just so that he would come and spend sometime with his daughter. Not that i didnt know what he truly is but guess i have been in denial for a very very long time listening to people talk how he cant be so cold towards his own flesh n blood....

anyways thank you for the suggestion i think its time to withdraw the case and do what he wants.

Regards

 

 

prabhakar advocate (advocate)     20 May 2016

You will definitely, definitely and definitely get maintenance for your child and also you can recover your jewellery.  It is unfortunate that if the judge is not present when your case is listed.  If there is any lapse on the part of your advocate, then you should follow the advice of Sh. P. Venu, advocate above.

If your predominant desire is for maintenance, then you should have filed S. 125 cr.p.c. for maintenance of child along with interim relief application.  If it  would be in Delhi, the interim relief starts to flow within 6 months, because the procedure laid down in Delhi courts are litigant friendly.  Along with maintenance petition, as per Kusum Shama Vs. Mahinder Singh case, a detailed affidavit required to be filed in the court in the first date itself.  Later on , just two to three dates are given to husband to file his reply and during the process, if the husband does not file his bank statements and income-tax returns, he will be asked to file and immediately arguments will be heard on interim relief application. 

By your query, I cannot know whether you filed interim relief application.  What I suggest you is that do not leave hope, and if there is delay on anyone's part or any lapse like not filing interim relief application, try to remove it without losing hope.  Finally, your husband's mere assertion that he is not earning and does not pay maintenance will not convince the court and the court at your request call for his bank statements and incometax returns.

1 Like

shweta   20 May 2016

@Prabhakar advocate

my case is going on in Guragon and it is filed under 125 crpc and  it is right now that court has asked him to give his bank statements and my lawyer asked me to come and sign some affidavit so that he can submit it tomorrow. i am yet to know what this is all about and would be going in the evening so would get clearer picture then.

I know its just one of the tactics  of him saying he isnt earning much ... He has been travelling  to U.S , China , maldives, europe and many  places for holidays . party's around delhi like every weekend ..all this cant be done if one isnt earning. he has been using this i am bankrupt since last 3 years  now change in statement that i dont earn much. So really dont know how i can prove anything and am sure he has his ways to get away from things.

But i must thank you for giving me that little hope ...it means a lot in when everything seems hopeless and feeling of helplessness.

i shall update what i sign today or what the lawyer said by night.

Regards,

 

shweta   20 May 2016

@autoreply12345 thank you for all the effort and concern.

will wait for an update from you.

prabhakar advocate (advocate)     20 May 2016

If he is going abroad frequently, then you or your advocate request the court to direct the husband to file the copy of his passport, which would show his trips abroad and gives a logical conclusion to the court about his financial status.  The courts will not fall into the trap that mere assertion by the husband as he is bankrupt make them to believe him.  You will definitely get relief.  Of course, Indian justice system is laggard and lumbers very slowly and even Chief Justice of India broke down in open about this.

shweta   20 May 2016

Originally posted by : Autoreply12345



Originally posted by : shweta



Thank you @autohide and @p. Venu for your response , it made somethings clear.

Really dont know whom to blame the Judiciary or the lawyer or ourselves. All that hoopla of laws favouring women is just for talks. Seems laws only favour when one does false cases be it women or men.

So finally i bend down in front of my estranged husband to what he so skillfully planned and wanted... part ways without giving anything and mind you nothing for myself ...just so that he would come and spend sometime with his daughter. Not that i didnt know what he truly is but guess i have been in denial for a very very long time listening to people talk how he cant be so cold towards his own flesh n blood....

anyways thank you for the suggestion i think its time to withdraw the case and do what he wants.

Regards

 

 





Whatever laws are there for women, they are not in reality helping any women, women get fooled by politicians who bring laws to help women, only to get elected, re-elected.  I have 15 years experience in handling matrimonial cases.  Since I started many laws have come in place to help women in distress, but none of them really help.

 

My observation is, men and women should compliment each other once they are married, and should keep complimenting for rest of their lives, when one thinks he is lorry tyre and other thinks she is a bike tyre, vehicle of family wont move, all wheels should be same, then only vehicle can move or atleast stand in one place firmly.

 

Those who cant be compatible with each other end up in court, and in court also laws are not equal.  For those who have money there are different laws, for those who dont there are different laws.

 

Take eg of Karisma kapoor, sanjay kapur had to pay lot of money to get just visitation rights and mutual divorce, and there are lakhs of people who dont have money who keep roaming to court in the hope of getting justice.  But in the end, people who dont have money lose precious years, people who have money, lose money and also lose peace of mind.

 

Especially in matrimonial cases, there is no justice in courts.  Two people part ways, kids dont have parents is that called "JUSTICE" ?

YOU are so right ...so i am not even going to contradict anything for the heck of it. i am not a lawyer but  now definitely have seen the scenario of laws getting bent and how people with money or no money are affected by it .

About marriage ...yes i still and completly believe in this institution , even tho i have had a failed one. Courts are not going to give justice in this infact nobody can. we people need to set our attitude right i.e. dnt bl**dy get married for the heck of it coz ur parents have to anwer 100 relatives n freinds n if you did then bend back wards and make it work. dont hv children just coz u need to make ur parents grandparents n ur frends r all hving babies... n vn u hv kids take up the responsibility and be the parent... to make a realtionship work there r many things required along with love and respect and one very important thing is to be STUBBORN to make it work.

Courts dont take parents away from kids... tho i rather would choose to raise a child alone than wth a person who shows my child how he/she is not wanted and tehh child only sees bickering and fights and god knws wat all.

1 Like

Eerangere Sana (Excellent Lawyer)     20 May 2016

Originally posted by : shweta
Hello

I filled for a DV case last year ,after being in a marriage of 8 years and being blessed with a lovely daughter who is 7 years of age right now. Things got from bad to ugly and so had to take this step.

my this case has been going on since more than a year and it just seems to be going no where. all i want is that my husband starts paying for the child"s maintenance. He doesnt give a penny for anything ..he left us 3 years back and started putting pressure for divorce and then when i retaliated he left by saying that he has no job and cannot do anything for the house or child.

i have been struggling to meet with the financesof house emi and school fee and various other bills .. my mother and brother have been partly supporting me in running my house, since i dont earn much ..and have a child with medical condition which kind of binds me in not been able to pick a 9 to 5 job which would pay me more.

My each and every piece of jewellery is with my in laws and they have outrightly denied in giving it back.

My husband has not even filed for visitation rights or even tried in meeting our daughter since last 3 years inspite of knowing that she has a medical condition.,and am sure he never would want to meet her.

Now in the last court date his lawyer said that he doesnt earn much so he cannot give anything. whereas he is working as a freelance consulatant where he charges $100 ​USD and has a small bussiness. All I wanted was that he gives my jewellery back and gives some amount for my daughter.

But i see everything in vain... dates keep getting postponed either coz judge is unwell or his lawyer is unwell or my lawyer is unwell and finally medical certificate from my husband.

Just one and only  one thing i need clarity ...would i be able to get anything for my child?

If not then i might as well call it quits and focus and put all my energies on my daughter and her betterment. Coz at this rate its taking a massive toll.

 

thank you,

Regards

Sir,

You can give an application u/s 19 (8) for recovery of stridhan to magistrate.

And if court ordered anything to pay and he is not paying, you can file execution proceedings, provided he has some property in his name (making it even more murkier than ever).

For stridhamn to claim u need to have original VAT bills of jewellery and of other items.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Daughter in hand, a woman needs to have even more patience towards all, so that the girl child has a secure future at least until she gets married, her outlook should be husband is marriage, husband is family especially when he is sole bread winner of family.  

If such things are not on mind, one should have capacity of looking after self and the daughter on her own, thus writing off husband's role in toto.  That also not there, this also not there, and you seek relief from court? The above is what court can offer.

 

What court offers is like medicine to dying patient, it will give medicine which by the time will reach patient, patient wont need medicine.

 

I could suggest you one thing, why not for once try to reconcile with husband?  Its better to reconcile with him than to simply look at the courts which have nothing much to offer in your case. Though you might not have left any stone unturned for there would be no chance for any reconciliation, still its better to say SORRY than undergo what ur undrgoing.  Think about it.

1 Like

shweta   20 May 2016

@Eerangere Sana

Thank you for your suggestion with respect to the court proceding as well as the personal front.

Yes i didnt leave any stone unturned and have tried everything under the sun to make it work and was the sorry party always without even knowing what n where i was going wrong but was happy doing it as long as it didnt had to break.

But am no more in that zone or stage anymore... have begged and been sorry enough, and all those years just made me realize one thing that if being under da tag of marriage i have to still do everything on my own then i might as well give the great Indian Pati parmeshwar what he desperatly wants...

But your suggestion definetly is genuine and appreciate that. thank you.

SuperHero (Manager)     20 May 2016

I wish You Good Luck!!!
1 Like

shweta   21 May 2016

Hello Everyone..

Just a quick update regarding my case going on. Yesterday i was asked to sign an affidavit which said that i have been taking care of all the finances from basic necesity of house to my childs education and medical ofcourse with help of mother and brother.( for which i had given detailed bank statement since 2010 till now)

Court has asked my husband to produce his last three years of tax returns since he has claimed he wasnt working earlier and has jst picked up a job a month back and cant give anything.

just wanted to know if there is any way he can or would be able to escape showing the actual earnings of his? coz  am sure there's always a way to get away from showing evidence in our legal system.

Thank you All,

Regards

 

Dana Kayoni (Expert Humanitarian and Lawyer)     21 May 2016

Originally posted by : shweta
Hello Everyone..

Just a quick update regarding my case going on. Yesterday i was asked to sign an affidavit which said that i have been taking care of all the finances from basic necesity of house to my childs education and medical ofcourse with help of mother and brother.( for which i had given detailed bank statement since 2010 till now)

Court has asked my husband to produce his last three years of tax returns since he has claimed he wasnt working earlier and has jst picked up a job a month back and cant give anything.

just wanted to know if there is any way he can or would be able to escape showing the actual earnings of his? coz  am sure there's always a way to get away from showing evidence in our legal system.

Thank you All,

Regards

 

Madam,

You have filed maintenace case saying you dont have enough sources to maintain yourself.  Correct? You have filed your proofs.  He has said he has no job till now, and has got job one month back, so at most he can give some salary slip or some printout if not IT returns, remember not all jobs have six zero salaries and are not taxable.  Especially when person is in private job or doing some part-tme work or some business which has no board.

 

But if he says he has no money, what can anybody do?

 

Final take is, court will order some meagre amount for your kid, if not you, as both you and your husband responsible for kids expenses, some amount husband will have to pay.  Anything ordered will be from date of application.  If he is unable to pay or wants some time to pay, court will give time for him to pay, as nobody will be having lacs of rupess to pay all of a sudden.  He can also go for appeal in HC stating he has no job or has no job gaurantee, that again is 2 years time. 

Man comes in big car to court, hs 3 children and not paying maitenance properly, wife brings photos of car and place where he lives, he brings evidence that car is not his and he lives with friend in a room in five star building, pays 1000 rs each date and warrant is also not issued. This I see in court though not everyday but I do see.

1 Like

(Guest)

Court can ask him to file, but he can chose not to file. At most court will draw adverse inference from this. He can also make excuse that it is lost and he needs time to apply to IT department for copy. Then you wait for some more months, then a new excuse and so on and so on....

You are asking for maintenance, entire burden to show that he has high income rests on you. 

Even if he files the IT returns and some maintenance is ordered, he can drag his feet for years to pay anything. Better to stop wasting time in this. Pick up phone, call husband (or your lawyer), approach husband (or his lawyer) say that you want to settle case for a one-time payment. Negotiate some amount, explain that the court case is taking away precious time and money from both sides, take the money and say goodbye to the court dance. 

1 Like

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