Prashanth G (Software Engineer) 30 July 2013

Got stay order from fast track court what is next

Hi Al, I am Prashanth from BLR and this is rgrding my intrim case filed on March 2012 ,My wife got 5000 intrim order from MMTC-1 court and again she got 10k intrim order from the sessions -FTC-3 court ,But her lawyer hidden the facts of my wife job earnings (she has 4 years of clinical research job experiance in MNC and she is a M.Sc graduate also done PGdiploma), after the 10 k intrim order , i collected form16,form26AS and bank statements of my wife and produced in FTC-3 court and asked for STAY order ,2 months back i got the stay order for entire Intrim Case , Please note that i have paid 80k for 1.4 years and 60 k left ,once i got the Stay order i have stopped paying intrim to my wife ,Now my wifes lawyer planning to cancel the stay order from FTC-3 court ,and asking for my salary particulars through the court ,

Could you please let me know this stay order will be alive how many months (FTC -3 passes order like -entire case will be stayed till the furthur proceedings )

My wife is getting 30 k permonth as per the form 16 ,bank stmt ,form26AS , my salary is 55k /month(their lawyer is telling that my documents are fake & my salary is one lakhs per month -which is false )

Next is my wife planning for a new marriage ,we have 1.2 years KID ,now she don't want to come to me and stay ,She is demanding for 15lakhs OUTSIDE settle ment ,

I have filled for RCR in familey court one month back ,

NOW I DON'T want to PAY one rupee to my wife ,because she refused me without a reason to come back

SHE is also earning 30 k per month (i have 4 years form16 ,form26 AS ,bank stmts )

Her lawyer always shout infornt of the judge that (My salary is one lakh and she came to road without money ,eventhough her parents are having 2 crores of properties ,i don't have one rupee property on my name )

COULD you please suggest me what to do SIR .

Prashant.

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9 Replies

adv.raghavan (Advocate,9444674980) 30 July 2013

go for a appeal against the maintainence order issued by the FTC1 court, and mention all the details in that appeal. You have not mentioned whether u or ur wife had filed divorce petition. If u are willing to cohabitate with your wife kindly proceed with RCR, after successful RCR, even she is not turning up u can wait for one year and can file divorce petition on that ground.As regards maintainence u have to oblige what court says and u have the right to appeal against that order.

Prashanth G (Software Engineer) 30 July 2013

No has filled for the divorce now ,if she didn't come to me without a reason do i need to pay any INTRIM / alimoney to her ?

She is a rich ,well educated and income tax payer ,Please suggest .

adv.raghavan (Advocate,9444674980) 30 July 2013

if u can prove in your appeal that ur wife is working and well educated she can manage the show on her own, u can get a positve note from the court. for that u need to have concrete evidence to prove ur claim.

Prashanth G (Software Engineer) 30 July 2013

I have collected her Income tax returns receipt for this year till 2013 march ,and TDS/FORM26AS document till JULY 2013.

Prashanth G (Software Engineer) 31 July 2013

So if my salary is 58 k /month and my wife salary is 30k (as per the evidances ) how much court will pass the orders of maintanance ?

she has done M.Sc n PG diploma ,i have done B.E .

They hidden the facts about her salary in the lower court ,Also I am asking my wife to come back -RCR files in the family court ,But she is not willing to come n stay with me ..in this situation what would be the Intrim maintanance ?please suggest .

adv.raghavan (Advocate,9444674980) 31 July 2013

since she has kid, the court may take a different view, as far as maintainence is concerned,what is your RCR status,FTC 3 stay will be valid til they go for appeal against the order in high court and high court revokes the stay. contest the case when it comes up in high court , u have to obey when court orders for your salary details. u provide everything of yours and u have a good case that u r willing to cohabitate, she is not willing, so court may take a note and u may get a favourable nod also.

Prashanth G (Software Engineer) 31 July 2013

As husband & wife both are earning then both should HAVE reponsibility to take care of child (But these days girls only need Luxuries n domination ),I am planning to file for child costody n visiting rights , in this case what would be the INTRIM ?

Prashanth G (Software Engineer) 31 July 2013

One more important thing is in INTRIM case they didn't added the KID .

adv.raghavan (Advocate,9444674980) 31 July 2013

as of now you have filed RCR, and she had filed for maintainence under 125 crpc, and u have got stay on that. wait for the things to unfold and handle one thing at a time.