Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Impound of passport

Page no : 2

Kumar Doab (FIN)     17 June 2018

 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

REVIEW PETITION No.4 of 2017

IN CIVIL APPLICATION No. 280 of 2015

IN FAMILY COURT APPEAL No.135 of 2010

Mayur Jaswantray Doshi ..Petitioner. Vs Rupal Mayur Y. Doshi ..Respondent.

CORAM : V.M. KANADE & C.V.BHADANG,JJ. DATED : 28th April, 2017.

 

9) We have carefully considered the rival circumstances and the submissions made and we find that no case is made out for reviewing the order. In the order dated 28th November, 2016 this Court had found that an adverse inference needs to be drawn against the review petitioner for not showing his correct income. This is apparent from the fact that although in the year 2005-06 the petitioner has shown to have earned Rs.86000/- as net income, he claims to have paid Rs. 22 lakhs as labour charges, which, in our view, is not acceptable. The maintenance of Rs.7000/- per month which was granted by the Family Court in the year 2010, after which there is substantial escalation of the prices and the living expenses. The quantum of maintenance depends on the need of the wife and children who are of growing age and the capacity of the husband to pay such maintenance. It is well settled that the husband is under a legal and moral obligation to maintain the wife and children and the quantum of maintenance should be such as to entitle the wife and the children to have the same standard of life as that of the husband. By an order dated 28th November, 2016 the petitioner was directed to file an affidavit along with income-tax returns, also of his brother and to disclose on oath whether the petitioner and the respondent were carrying on joint family business. That affidavit is not filed. In our considered view, this Court was justified in drawing an adverse inference and granting enhancement of maintenance @ Rs.25,000/- per month. It is significant to note that the said enhancement has been granted from the date of the order. We do not find that a case for review is made out. The application is without any merit and is accordingly dismissed.

https://www.bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvY2l2aWwvMjAxNy8mZm5hbWU9UlBNNDYwODE3MjgwNDE3LnBkZiZzbWZsYWc9TiZyanVkZGF0ZT0mdXBsb2FkZHQ9MTUvMDUvMjAxNyZzcGFzc3BocmFzZT0xNzA2MTgxNjQ5NTU=

Kumar Doab (FIN)     17 June 2018

 

 

https://www.hindustantimes.com/india-news/nris-who-harass-desert-their-wives-may-get-their-passports-cancelled/story-DLZl8qcUNyKLpgJXASESBM.html

 

https://www.hindustantimes.com/india-news/measures-proposed-against-nris-who-desert-their-wives-untenable/story-STFTXZ6wPBpvoas8SRT8tI.html

https://www.tribuneindia.com/news/punjab/abandoned-wives-soon-after-marriage-7-nris-passports-suspended/604641.html

https://www.lawyersclubindia.com/forum/RPO-Show-Cause-Notices-31767.asp

IT is imp. to understand for you if you have erred or have recourse as suggested by your current lawyer...

IT is good that you have realized that you have a situation..

You should now agree and be with very able counsels and ASAP…and discuss in person than wandering in different forums..and post the opinion of very able senior counsels as already suggested...

 

Approach LOCAL senior counsels of unshakable repute and integrity specializing in Family/criminal  matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc

 

CHeck for such counsels at LOCAL Civil Courts, HC,SC..

Troubled Husband   17 June 2018

I sincerely thank you Mr. Kumar and Mr. Vijay for your valuable advise. Mr. Kumar I have carefully read all your comments and gained a clear idea of the situation I may end up in if I would try and escape the court orders. Thankfully things are still not out of hand. I’m seriously considering immediately appealing in the HC for a stay or reduction in interim maintenance after payments of arrears as May be nessecary. I would have been in serious trouble having taken my lawyers un-calculated advise. 

While reading through your judgements, I have come across the statement where the court has ordered payment of arrears only amounting up to 12 months and not more. Can I have my high court lawyer plead for the same and have my arrears reduced to up to 12 months only. I am aware that it would be up to the descretion of the judge to consider our request. But do you think it would be worth a justifiable request to do so.

thank you again seniors for such valuable advise

vinay_2431 (engineer)     06 July 2018

Dear Troubled husband ::

    "DV is not a 498 case as our marriage was more than 7 years."

    Do you mean a female cannot file a 498A case if the married for more than 7 years??? i dont think so.

Experts any inputs on this ?? is it really try a wife cannot file a 498A case after 7 years of succesfull marriage??

Thanks,

Vinay.
Read more at: https://www.lawyersclubindia.com/forum/Impound-of-passport-183919.asp


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register