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Kapil Lalwani (owner)     26 March 2013

Husband saying cannot pay maintainence.

Hi Experts,

We have a case filed in the family court for my sister and her 18 months daughter in jaipur for 70,000 per month.The hearing began on the 10th March where her husband kept saying he is alone and he is no more working in his father's business and now is a salesman in a garment store.

He also has produced an newspaper advertisement confirming the same that he and his parents are seperated and both handle their incomes seperately and live seperately.

The case is up for hearing again on the April 2nd 2013 in coimbatore.How should my sister and her lawyer take it up forward?

Please advise at the earliest.



Learning

 24 Replies

Adv k . mahesh (advocate)     26 March 2013

if you have any evidence to show that he is working with his father and earning a ransom if you have any contacts with his friends and near by consult them and file them befoe the court 


(Guest)

 

Originally posted by : Kapil Lalwani

Hi Experts,

We have a case filed in the family court for my sister and her 18 months daughter in jaipur for 70,000 per month.The hearing began on the 10th March where her husband kept saying he is alone and he is no more working in his father's business and now is a salesman in a garment store.

He also has produced an newspaper advertisement confirming the same that he and his parents are seperated and both handle their incomes seperately and live seperately.

The case is up for hearing again on the April 2nd 2013 in coimbatore.How should my sister and her lawyer take it up forward?

Please advise at the earliest.


Rupees 70,000/- as maintenace per month for wife and a 1-1/2 year old baby?


Dont you think your sister has been much too greedy?


Your sister's can only claim from the said income of her husband and not from her in-laws property as he has already shown proof that his parents have disowned him.


Now alimony will be deicided on what his income is, am sure he would have already transferred all assests to his parents and/or relatives name, that makes it more difficult for your sister to extort money.


But what is this Jaipur and Coimbatore connextion?

1 Like

(Guest)

 

Originally posted by : Kapil Lalwani

Hi Experts,

We have a case filed in the family court for my sister and her 18 months daughter in jaipur for 70,000 per month.The hearing began on the 10th March where her husband kept saying he is alone and he is no more working in his father's business and now is a salesman in a garment store.

He also has produced an newspaper advertisement confirming the same that he and his parents are seperated and both handle their incomes seperately and live seperately.

The case is up for hearing again on the April 2nd 2013 in coimbatore.How should my sister and her lawyer take it up forward?

Please advise at the earliest.


Rupees 70,000/- as maintenace per month for wife and a 1-1/2 year old baby?


Dont you think your sister has been much too greedy?


Your sister's can only claim from the said income of her husband and not from her in-laws property as he has already shown proof that his parents have disowned him.


Now alimony will be deicided on what his income is, am sure he would have already transferred all assests to his parents and/or relatives name, that makes it more difficult for your sister to extort money.


But what is this Jaipur and Coimbatore connextion?

Kapil Lalwani (owner)     26 March 2013

Hi,

The girl is from coimbatore and the boy is from Jaipur.

The reason for Rs 70000 per month is because she has chosen to stay alone and does not want to be a burden on us henceforth.

The kid's schooling is all said to start next month for which the fees alone is Rs 27000 annually.

Rental amount , Maid's expenses , Schooling , Kid's and wife's day to day expenses....We have given the expense breakdown structure in the maintainence petition filed by my sister.

They have huge income - Monthly income of Rs 200000 and they run 3 factories to avoid these payment they have decided to desert him for the time being.They have a annual turnover of close of 10 - 15 crores.

We happen to contact his close friends as well but they say they are not in touch with him at all.

The counsellor the other day when her husband said that in jaipur he is living seperately and is employed henceforth - the counsellor asked him to keep away from these peety ideas and said that most of the men come up with these ideas and its all cock and bull stories for them!


(Guest)
Originally posted by : Kapil Lalwani

Hi,

The girl is from coimbatore and the boy is from Jaipur.

The reason for Rs 70000 per month is because she has chosen to stay alone and does not want to be a burden on us henceforth.

The kid's schooling is all said to start next month for which the fees alone is Rs 27000 annually.

Rental amount , Maid's expenses , Schooling , Kid's and wife's day to day expenses....We have given the expense breakdown structure in the maintainence petition filed by my sister.

They have huge income - Monthly income of Rs 200000 and they run 3 factories to avoid these payment they have decided to desert him for the time being.They have a annual turnover of close of 10 - 15 crores.

We happen to contact his close friends as well but they say they are not in touch with him at all.

The counsellor the other day when her husband said that in jaipur he is living seperately and is employed henceforth - the counsellor asked him to keep away from these peety ideas and said that most of the men come up with these ideas and its all cock and bull stories for them!


For a better reply, you need to answer a few questions.

1. Is your sister educated? If yes.. What is her educational qualification?

2.  Was she working before or is she capable of earning a livlihood herself?

3.  What are the grounds on which your sister and her husband want to part ways?

Tajobsindia (Senior Partner )     26 March 2013

1. Ask concerned Court to appoint a Court Commissioner and get her advocate presence during informed enquiry allowed too. That will clarify once for all his ‘income / assets / liabilities / inheritance / date of disownment publication vis-à-vis your sister’s application filing date, before disownment all banking instruments of three factories citing her husband’s name, assets-debt-liabilities structure of factories’ details etc. It was done in Hegde's case but there his wife overlooked sending her lawyer with Court Commissioner during that controversial enquiry process !

Mind it once this Court Commissioner gives sealed exhaustive report covering most of the above that even Hon'ble SC cannot overlook so be sure what to do now as it is like digging once complete "status" grave in case when some family law provisions suit is pending adjudication and all of a sudden 'disownment' theory pops up.

Many of the above repliers have no understanding that ‘disownment’ in India under Family Laws has no legal sanctity at all unlike in West where each State has it in their Schedule / Amendments! Countries that follow Common Laws the principles underlying disownment is never recognized as it leads to anarchy be it against State or Family. If anyone is in disagreement to our this say, then kindly share enacted law of the land specifically providing some sort of recognised legal procedure for that! 

Here we don’t wish to touch up on your sister’s 70 K claims vis-à-vis their needs (her + child's) as you are misguiding us by quoting her "equity of couple’s STATUS" claims ground put for adjudication in a court with emotive third party wordings, thus, we leave your sister’s claims for a court to sit and decide and our job was to clarify correct legal position on disownment as how she can bring best findings on STATUS before a court’s preview then only she can get otherwise it becomes a long journey all the way upto Apex Court for her as stakes are higher in this brief.


Rest replies are speculative and does not touch core question for which you came here is my view.

1 Like

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     26 March 2013

here a brother is more worried about ''how to get property of JEEJAJI'' well....keep going.

but never forget., one day some will also make u to cry. God is always knows the truth.

you are saying tht your sister will be separate and enjoy a luxarious life. your whole family is greedy in my opinion, why are u all enterferring in their life. 

today in delhi someone has shot down his wife and FIL on metro station, this is not a single case. 

if u desided to live separate, then dont harash him,

funny is- maid expenses, wife's day by day expenses.......etc....nice yaaaar.........mera bahrat mahaaaaaaaan

1 Like

Kapil Lalwani (owner)     26 March 2013

Do not shoot in the dark and mind what you talk...Do not run over your mouth and post your idle talks.

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     26 March 2013

THIS IS MY OWN OPINION HERE IN THIS FORUM THAT ''LALWANI' IS A ''SHINDHI'', AS I HAVE SEEN FROM THE TRUTH OF HISTORY IS CLEARLY SAYING THAT-

 ''''HINDU NA HOTE TO HISAAB NA HOTA''                                                                                                                                                   ''MUSLIM NA HOTE TO FASAAD NA HOTA''                                                                                                                                             '' SHINDHI NA HOTE TO DHOKHA NA HOTA''                                                                                                                                            '' AUR RAJPUT NA HOTE TO ITIHAAS NA HOTA.'' 

DON'T MIND BUT IT IS REALITY. IN THIS THE MARRIAGE RULES ARE OPPOSITE. WIFE IS NOT TO BE WITH HUSBAND BUT HUSBAND SHOULD LIVE WITH HER IN HER PARENTIAL HOUSE.

GIRL BRINGS ''BARAAT'' NOT BOY....MOST OF THE SHINDHI'S THEN CLAIMS THE PROPERTY OF HUBBY. THIS IS THEIR BUSINESS. IF ANY ONE HERE IS NOT AGREE WHO CAN CONTACT ME.....PM ME....

1 Like

ashoksrivastava (scientist)     26 March 2013

Hi KAPIL you wrote "The reason for Rs 70000 per month is because she has chosen to stay alone and does not want to be a burden on us henceforth". you are suggesting that as she is very self respecting she doesn't want to be a burden on you. does the self respect vanish in context of her husband? dear since life of an innocent child is also going to be effected for no fault of hers spend as much time and effort as you are spending to get 70000pm on reconciliation as well. why claim 70000pm only while disclaiming the husband? pl claim the whole husband and whole father. regards ASHOK

1 Like

Kapil Lalwani (owner)     26 March 2013

@ Helping hand : She is a BCOM grad from coimbatore and has not worked before ; They sent my sister back from jaipur for want of money as they had suffered in huge losses in business and other activities like betting in cricket etc etc...( Both FIL and her husband ) - When the said amount wasn't arranged they themselves sent a divorce petition only after that we started the legal proceedings from our end.

@ Jaswant : This just a small trailer that i have given you and i dont wish you explain in detail as well.Guys like you who are male centric and keep blaming women whenever they go to court...I hope against hope that something like this never happens to the female contingent in your family....

Kapil Lalwani (owner)     26 March 2013

@ Ashok : I respect your views and all that was tried upon and my uncles , grandfather all decided to call upon a meeting but the FIL was so adamant that he kept changing his statements.

The son is so helpless that he doesn't have the guts to stand against the father.

We thought of allaspects including the kid but once we recd the petition we were like that its time to be agressive than bowing our heads down and wait for the boy and FIL to change and respect the indian women.

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     26 March 2013

Dear i know well your marriage system....ok

Kapil Lalwani (owner)     26 March 2013

@ Jaswant : FYI......i am a agarwal not a sindhi so shut your mouth before i blow your face off...Half minded fool!


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