Civil Procedure Code (CPC)

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Raj Thakker (Executive)     06 June 2016

Interim maintanance

Hello All,

 

Firend of mine got married in year 2010 and he is having 2 kids.His wife is planing to file divorce case against him on grounds of mental cruality , there quite few complications as mentioned below.

1)It was mentioned that she is B.Sc at time of wedding where as she is B.Sc fail , however latter on some fake foreign university was given to her so now in cross examination can she be asked about her education first if she tells she is not graduate then her foreign certificate can be use to show she is capable of earning being overseas graduate if she says she is not graduate still her foreign certificate can be use to show that she is lying for Maintanance or can both her failed and foregin certificate can be used together in court of law to show that marraige was done on Wrong Information??

2)To Prove her false mental cruality case can her childhood physcho checkup where it is mentioned she is short temper being used against her that she is responding it in diffrent way then any normal person behave i mean stimules and respond thoery due to short tempered nature??

3)Can her prics with her boyfriend and even acceptance of cheat by her fathers confirmation can be produce in court to weaken her case??

4)Can her brothers gay relationship pics be used to portray her families character as brother and sister both fall in same category of characterless??

 



 11 Replies


(Guest)

Filie RCR and tell her to come back with the kids, if not you wont pay a penny, court wont order you to pay a penny if you want her to come back and she refuses.  Discuss this option with lawyer locally.

Siddharth Dev (Advocate)     07 June 2016

if that is the case than i agree with "Helping Hand"

Raj Thakker (Executive)     09 June 2016

What is dont want her to be back as there is no point in wasting life after someone who is characterless and even not having guilt of same and when marriage it self was done on false educational ground , hiding past medical history how can anyone trust such people??Now in this case how reduce her maintanance and also to safeguard against false 498/498A/406 case need to defend??If police call for investigation or CAW Cell call shall her pic being shown there to weaken her complain??

Mrs. Bakshi (Social Studies Reader/Worker)     09 June 2016

Ld Advocates already provided advice, contact able criminal lawyer locally and discuss case.  Rest circus go on for another decade. Be ready for some more cases.  Settle amicably with headache wife.  Dont remarry.

Raj Thakker (Executive)     09 June 2016

To all honurable Advocates how much is consider as reasonable amount as one time settlment , because apart from fixing monthly maintanance considering income etc does court see what are real circumstance i mean what leads to all this nonsense and decide amount??

Dana Kayoni (Expert Humanitarian and Lawyer)     09 June 2016

You dont know anything.  You dont have lawyer I think.  If give montly, no give one time alimony.  If no give one time alimony, give montly till remarry.  Anyway no limit for giving one time alimony, Ritik roshan, Sudeep etc have paid in crores, how much can you pay depend on your dum of pocket.

Born Fighter (xxx)     09 June 2016

Raj, focus on ur financial position now. Target should be to ensure you dont pay high maintenance or pay no maintenance to ur wife  (kids u have to pay) if case goes to court. Plan in that direction when you ( or uf friend ) is anticipating divorce.

Maintenance is the backbone of ur  case. if court orders high maintenance then be ready to roam around courts for 5-7yrs. 

Raj Thakker (Executive)     10 June 2016

Hello,

all thanks his wife was working as freelancer on consultancy basis and average income was around 16000 per month , second point she has produced some fake foreign university certificate post marriage with backdated it being issued (date was prior to their marriage), now if in cross examination if she is being asked about her education she might not show as B.SC but in such case producing her fraud B.Sc foriegn certificate help to reduce or no maintanance and If she accepts that is Fraud can that become negative that marriage was on grounds of Fraud information and how can that benefit can marriage in such case treated as Void???

T. Kalaiselvan, Advocate (Advocate)     10 June 2016

Just producing mere graduation certificate shall not solve your problem nor it will entitle you to repudiate her maintenance claim on the basis of her educational qualification. Graduation these days are minimum level of education and more than 90% of graduates are unemployed in this country hence this graduation alone cannot make her eligible for any employment. You have to prove her income or sources of income or even her regular employment which may fetch her regular sources of income to help her to sustain herself.  The questions intended to put across the cross examination which may bring disrepute to her family members may be avoided because if it backfires with a defamation case against you, it will be developed into another complex situation and multiplicity of proceedings.

Raj Thakker (Executive)     10 June 2016

Sir,

Can you explain how can it be possible if marriage was happened on ground of B.Sc and post marriage if you bring Fraud Cerificate what validity it has because to get certificate there are 2 options

1)You went overseas really studied and got it.

2)You did Corrospondence.

3)You purchased it 

and that certificate came in 2012 at my friends-in-laws adress , argument could be friend of mine would have purchased but if he would have purchased why he will purchase and get it Post at his in laws place and it has come by indian post along with date and place i mean postal blck stamp is there.

regarding graduation part you mentioned so many graduates in india are jobless but her past It returns are there , apart from that one of lawyer suggested to get application under RTI for some bank Po opening or with any of Central , state opening and get Base Pay Scale they offer and put argment that she is capable of Earning but not willing and attech 2-3 high court Case citation along with same.Because as per law only normal fit and fine person are expected to work and full fill there needs..

Now need some more inputs from you based on above mentioned condition

Eerangere Sana (Excellent Lawyer)     11 June 2016

Problem with you is u think ur the smartest, but your wife more smart than you, you need smarter lawyer who is smarter than you both.  


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