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Indian sufferer (professional)     26 March 2014

Sec24 order passed need help

I AM MARRIED IN 2008 WITHIN 3 MONTHS WITHOUT INFORMATION SHE LEFT MATRIMONIAL HOME.I AND MY FAMILY TRY TO BRING BACK BUT SHE NOT CAME,THEN I HAVE FILED RCR TO COME AND JOIN MATRIMONIAL HOME SHE WENT SC AND APPLIED FOR TRANSFER OF MY RCR TO HER NATIVE PLACE.AND IMMIDIATELY FILED POLICE COMPLAINT DOWRY HARSSMENT AND ILLIGAL RELATION WITH SO MANY LADIES.

IN POLICE ENQUIRY SHE UNABLE TO PROVE AND EXCEPTED AFTER DELIVARY OF BABY I WILL GO TO MATRIMONIAL HOME.

AFTER 1 WEEK SHE FILED DV CASE INCLUDED DOWERY HARESSMENT, ILLIGAL RELATION WITH LADY ,ALL WILD ALLEGATIONS CRPC 125 ALSO.IN JM COURT

IN FAMILY COURT SHE FILED SEC24 AND 125

IN 2011 DV AND CRPC 125 DISMISSED WITH OUT ANY COST SHE NOT PROVED ANY OF HER ALLEGATIONS JUDGEMENT GIVEN.

2010 I HAVE TAKEN BACK MY SEC 9 (RCR) BY MENTIONING SHE HAS FILED SO MANY . FALSE CASES AND FILED DIVROCE..

AFTER DV JUDGEMENT SHE WENT SESSION COURT THERE ALSO DV DISMISSED WITH OUT ANY COST.

AFTER LOSEING DV SHE PRESSURING SEC24 IN FAMILY COURT.I HAVE PRODUCES EARLIER WORKING DETAIL WHEN SHE STAYED ME 2 MONTHS SALARY DETAILS.

BUT NOW SHE IS TOLD I AM NOT WORKING AND SHE IS HIGHLY QUALIFIED THEN ME MSC IT.HER SALRY BY THAT 2008 TIME IS 25 K PER MONTH.

NOW JUDGE ASKING ME TO TAKE HER BACK BECAUSE NOW SHE FILED RCR SEC9.JUDGE TELLING NOW SHE REALISED MISTAKE.AND PASSED ORDER UNDER SEC 24 FOR CHILD 3K AND FOR HER 4K.

EVEN I HAVE PRODUCED EARLIER WORKING DETAILS.

FROM THE DATE OF APPLICATION SHE IS DEMANDING JUDGE TO RECEIVE MONEY AROUND 4 LAKS.

NOW WHAT WAY I HAVE TO DIFENCE SHALL I GO TO HC SHE IS HIGHLY QUALIFIED THEN ME AND FIGHT.BY MENTIONING EARLIER WORKING DETAILS.

FOR THAT ANY AMOUNT TO COURT WILL ASK TO DEPOSIT.

ANY JUDGEMENT TO FIGHT SIMILAR CASE LIKE THIS'

MY PLUS POINT DV DISMISSED 125 ALSO DISMISSED.

I HAVE FILED DIVEROCE IN MY NATIVE HER NATIVE 30 KM S \AWAY FROM MY NATIVE PLACE.SHE TA\KEN STAY IN HIGH COURT ,

30 OR 40 KM HC WILL WILL GIVE TRANSFER THE CASE BECAUSE SHE WANT TO DRAG CASE WITH FAMILY COURT WANT MIX ALL THE CASE PROLONG THE DIVEROCE.



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 4 Replies

Biswanath Roy (Advocate)     06 April 2014

Without going through the case papers definite advice cannot be given.  However prima-facie as it appears relief is possible from High Court.

Indian sufferer (professional)     10 April 2014

Kalai sir i have produced copy of judgement but judge refer some old judgement 1989 1979 order says potential earning capacity of wife does not mean that she is able to maintain her self. and wife not chosen to get employment it does not mean she is not all entitle maintenace and passED THE order.

DV  ACT PROCEEDINGS WILL NOT HELPFUL TO DECIDE THIS PETITION(DV DISMIISSED)

.SHALL I GO HC FOR STAY.

ANY SUGGESTIONS PLEASE

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     14 April 2014

Now a days courts do not accept the plea that wife has earning capacity due many citations of higher courts.

 

There may be many other technical  mistakes on which the award of maintenance should be faught.


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