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gaz (na)     20 September 2010

ex-parte order - pls pls help

dear all,


1.in absence of husband can court make ex-parte order to pay one time alimony-maintenance?- will that amount be higher then regular?


2.what is the recent tend ie. average amount for one time alimony-maintenance?

3.can a court attach husbands residential propety to recover that amount?


4.what questions are asked during coss-examination ? my lawyer and also the other lawyer adviced me to give false info about my employment earnings etc.. will it not cause any problem for me?

please reply..



Learning

 7 Replies

Adv. G.Narayan ( Advocate & Legal Consultant)     20 September 2010

Since the husband is shying away that is why the Court granted Ex-Party order. Why the husband is running away from defend ing himself. The Ex-party order can always be challeneged in the Supierior  Court. Can you please enlighten which Court has passed this Order , where and when.

There are so many factors to decide the alimony and maintenance viz. living standard /status of the family. Also income of both husband and wife. Is the wife having source of income or not.Husband need not disclose the details of his income, the burden of proof lies on the other party to prove the quantum of the Income of husband. However, it is always advisable not to suppress any material fact  before the Court.

gaz (na)     20 September 2010

dear sir,

i am fighting the case since almost 4 yrs.. the matter is stuck at my cross examination as they are just taking dates to harrass me further, this is my earlier post..

Hello,

my ex wife has filled criminal case on me u/s 3 (1) (a), (b) & 3 (d) of the muslim womens protection of rights on divorce act 1986, asking huge sum of money as maintenance. the case is going on since around 4 yrs.. everything is done from there side, now its my turn to speak-cross exam but since more then 1 year they are postponing the dates giving silly reasons.. please let me know of any other reasons for this except harassing?

i am an nri presently staying and working in india, but i am required to shift to uk head office. once i shift i cant attend dates, they know this and that’s why they are postponing dates. now if i leave the country and cant attend the dates in that situation what can happened to my case?

before leaving india can i request to the court of their purposely postponing the dates and harassing me since more then 1 year? will it be useful in case i dont attend future dates. my lawyer has no advice! please suggest some way out?

she stayed for very short time with me and left saying you are not my choice and i cant adjust. so the marriage did not last long and we do not have any kid. she is very well educated and earning which she admitted in court, will she get any maintenance?

kindly advice as early as possible..

many thanks.


now my questions are regarding questions in my cross exam, if they ask abt my income etc wht sud i say? my lawyer says if i say truth court may give more..

can i go abroad say for 2 yrs at this stage? and is there any endanger to my residential property?

sir  thank you your time, pls advice me for my above questions.

Adv. G.Narayan ( Advocate & Legal Consultant)     20 September 2010

Can you pl name yr city. In which court this proceedings are being carried out . Before giving any opinion one has to study the  development of the case till date.  Cross- examination would also be dependent upon the the allegations made in the application by your wife.  

gaz (na)     28 September 2010

sir,

thanks for your reply but for precaution reasons i would not like to mention all details to anyone.. can you please offer some advice based on the details provided above, it would be helpful.

thanks.

aflatoon dash (health)     28 September 2010

advocate Narayan

  1. what are cross examination questions in alimony expected can you ellaborate.who does it and how it is done based on the affadavit filed by both parties.

Arup (UNEMPLOYED)     28 September 2010

my lawyer and also the other lawyer adviced me to give false info about my employment earnings etc.. will it not cause any problem for me?

- YES YOU ARE ABSOLUTELY RIGHT. WHICH IS PROOFABLE - PLEASE DO NOT GIVE FALSE AFFIDEVIT ON IT.

SEARCH, THIS FAMILY SITE ONE PERSON FELL INTO FALSE POSITION.

THE LIABILITY OF YOUR AFFIDEVIT IS YOUR'S ONLY. IT IS PUNISHABLE OFFENCE ALSO.

Arup (UNEMPLOYED)     28 September 2010

IS YR MARRIAGE PERFORMED UNDER MOHAMEDAN LAW? IF YES THEN IT WILL ATTRACK.

 

IS YOUR LAWYER NOT CO OPERATING YOU?

I FEEL SO, BECAUSE ONE APPLICATION FROM YOU IS ENOUGH TO BRING THEM AT COURT. FILLED THE GROUNDS IN YOUR FORTHCOMING PETITION STATING THE ABOVE REASONS. GOOD GROUNDS TO COMPEL THE OTHER PARTY TO ATTEND THE COURT.

YOU HAVE THE OPTIONS TO GO TO HIGHER COURT ALSO.


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