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Never go on face value (Manager)     03 September 2013

Maintenance awarded

Though my monthly income is 40000=00, the court awarded Rs. 18000=00 towards intrim maintenance - DVA. And that too when I have liability of two kids :)

What a ruling :( 



Learning

 7 Replies


(Guest)

How come ?

It means the relief given without listening you?

Is this 18000/- is total interim including 3 persons i.e wife+2 children?

Is rent of residence been included in this?

1 Like

Tajobsindia (Senior Partner )     03 September 2013

1.    Since weaker party's facts not mentioned in same brief not much reply cometh other than since you know your facts better file an Appeal if unsatisfied with Court verdict.  

1 Like

stanley (Freedom)     03 September 2013

1. Did you by any chance state that you are unwilling to accomodate her at your residence and hence rent was ordered in lieu .

2. As you state liabitiy of 2 kids and hence kids are with you and you seem to be bearing their expenses .

Didnt your counsel argue on Factor no 2 or did he just state to pass the order without any arguments .Only options left is to file appeal in sessions court under section 29 of the Dv act within 30 days of the order . Full facts of the proceedings are not disclosed and only you are aware of it .

1 Like

Never go on face value (Manager)     04 September 2013

@Sufferer @Tajobsindia @ Stanley : My FIL is a lawyer and having political ties. As I am a paid MD of a private limited company, they argued that I have much more monthly income. My IT returns of past 5 years were overlooked. This was my second marriage which lasted for only 51 days in span of 6 months. She is highly educated, MA M.Ed, M.Phil and was working as Assistant Professor in a college at the time of filling the DV case. She left the job when my lawyer countered that she is earning sufficiently. I have 2 kids from earlier marriage and one of them is on the verge of retardation, with IQ of 60. 

My lawyer did argue but none were taken into consideration.  From day one, their intention was MONEY. Being in business I did sense it. But over trusting a person led me to this fall. My wife is suffering from Dysthymia which is double depression past 19 years. The medical reports were also presented and this material fact was hidden from me prior to marriage. She is also suffering from Hyperthyroidism. This both together leads to extreme mood swings as confirmed by Psyhcologist. 

I was ready to take her back till mediation. Then on the very date, my FIL threatened in some good words that they had refrained from filling 498a and the options were still open for them. After that I dropped the idea.

I presented before court evidence in form of audio and video recordings where in my FIL says he is sorry for his daughters' conduct and she is too egoistic lady. In one of the recordings, she threatens to commit suicide. In one of the recordings she confirms that she does not know household work and gets bored at the matrimonial house. I have submitted e-mails and sms of her abusing my kids, mother and even my relatives whom she (my wife) had hardly ever met.

She left my house while I was away and filled DV case after 11 months of leaving my house and never came back. Desertion was emphasized but was not taken into consideration.

Well the point is, if you are a lawyer, you can influence the court in the way you want and this is proved in the judgement I received. In fact the judge was of the opinion that if any case was to be lodged against him in his home town, he was supposed to have soft corner and the same would apply to the lawyer practicing in that court.

Ho raha bhart nirman :)

stanley (Freedom)     04 September 2013

Originally posted by : Never go on face value

Well the point is, if you are a lawyer, you can influence the court in the way you want and this is proved in the judgement I received. In fact the judge was of the opinion that if any case was to be lodged against him in his home town, he was supposed to have soft corner and the same would apply to the lawyer practicing in that court.

Ho raha bhart nirman :)

The mere fact even if brought to light by your lawyer to the judge ,that she was working and hence resigned  in order to ask for maintanence  is nothing but harassment and greed and to trouble you . 

The judges opinion is rotten by making such  a  statement but this how they function in India . All that can be said is to go in for an appeal in sessions court than high court and last of all the supreme court . So automatically at various stages of the appeal  moves out of his Home Town but all this is at a cost of your hard earned money and time . 

1 Like

(Guest)

Go for appeal as only option left for you,she might get Ho raha Bharat Nirman at lower court but the hirearchy of court Knows all the rights and wrongs of Ho raha Bharat Nirman.Don't loose hope as the judges you sit at apex courts are not fool.


After IrBM SC will tell "Kaise Ho Raha Bharat Nirman" aao Batate hain:)

shriks........... (healyhcare)     06 September 2013

Hahaha

I lik th concept of 

Ho raha bharat nirman.....


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