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Maintenancevictim (Own)     29 October 2014

Maintenance related question

Hi

My wife of 12 years left me with my son an year ago. After trying unsuccessfully for 9 months, i filed a RCR to get her back. As a counter to that she has taken two steps

1) First step - file a CrPC125 - current status is mediation failed and i am asked to file counter.

2) Second step- Transfer petition in HC - current status- temporay stay. However, Ex Parte Pet / Evidence stage in District court

I have two questions:

1. What is the best way to fight the Transfer petition?

2. Over the years, I got a separate bank account for her. Her current bank balance is around 20 lacs. All the money was transferred by me and she is a housewife. Can i counter her claim saying that she has come with unclean hands? Further, is there anyway i can retrieve this money back or prevent her from taking this money away if the court awards her a maintenance?

Thanks in advance for your guidance

 



Learning

 9 Replies

Tajobsindia (Senior Partner )     30 October 2014

@ Author,


1. Contest advice depends upon revealing grounds she has taken to seek transfer. 

 

2. Bank account having transferred funds by you can be highlighted at appropriate stage (i.e. in written statement with money trail proofs). If it is her sole account then I doubt of any success but same can be said to be adjusted with maintenance payment towards her / minor if any adverse Order passed by Court (this plea has lots of facts relating to objects and reasons behind award under S. 125 CrPC to be plead by a competent advocate and stay of operations of bank account and/or adjustments with corpse funds already in sole fiduciary holdings etc. cannot be allowed without seasoned arguments is my view). 

 

3. Consult such special facts locally with your advocate and follow h/er instructions. 

 

[Last reply]

1 Like

Maintenancevictim (Own)     01 November 2014

Thanks TAjobs

On the transfer petition - The interim stay granted for the transfer petition ended on Oct 31. I filed a vakalath through a lawyer at the last minute.  I will get the petition details next week. I will keep checking the causelist to see when it gets listed. My next hearing for RCR is on Nov 11 for Pet Evidence. If nothing happens on the Transfer petition till then, I hope i will get an order on that day since it is Ex parte

T. Kalaiselvan, Advocate (Advocate)     02 November 2014

You have filed a RCR petition to bring back the unwilling and reluctant wife back to your home(?), Once there is a stay on the pending case by high court, your case in the lower court will remain in the same stage only. About the money transfer to her account in the past can be highlighted during the trial of the maintenance case only and not before that.   Better think about withdrawing the RCR and go for a regular divorce case if she is reluctant to return.

1 Like

Adv k . mahesh (advocate)     03 November 2014

Over the years, I got a separate bank account for her. Her current bank balance is around 20 lacs.

it is not clear wheater you are maintaining the account transactions or your wife as may be you are saving the money in her account because as explained when she is not interested and by force no one can make her stay with you and again you have to file divorce case a contested 

be clear want to stay with her and also her consent is required to have happy married life with you and if not then better to discuss with her and take mutual consent divorce 

Maintenancevictim (Own)     03 November 2014

@ Adv. Kalaisevan - The High court gave an interim stay that ended on Oct 31. When I see the High Court Cause list for Nov 5, the next date, my transfer petition lis not listed. So unless they approach the High court again, is it wrong to assume that there is no stay on my proceedings in lower court?

 

@ Adv. Mahesh - i was periodically transferring money for savings and also to enable her to be financially independent. I want to stay with her because overall, when i look back, she has taken this step due to some ego issues and her parents prodding

Maintenancevictim (Own)     05 November 2014

Hi all

update from my side

Got the transfer petition today.

1. The contents of Transfer Petition are mostly the same as the Maintenance petition. The only differences are she claims to have a minor child.

2. she also claimed that I filed RCR to counter her MC while it is exactly the other way round.

Can i request the vacate stay on the premise that her claim (MC first and RCR later) is false? What proofs should i produce for this? - Certified copies of the complaints from the courts? Or just state that this is false and place the burden of proof on her?

 Also since she is staying with her parents, can i say she can leave the minor child with them and attend hearings in my place?

Maintenancevictim (Own)     12 November 2014

Hi all

Update on my case:

1. Stay on RCR ended 10 days ago. transfer petition is still there. I filed a vakalath through a lawyer. Waiting for the other party's next move. Got my counter ready. I found one interesting thing here- the lawyer who filed TP on behalf of my wife in HC handles only stay or Transfer petitions and nothing else. And in the past 2 years, this same lawyer filed around 20 TPs out of which only 2 went to closure. I am actually doing an analysis on all TRCMPs in my High court this year and see how many are languishing despite having vakalath. I basically want to provide statistics in my counter as to how HCs generoisty is being misused here. Will this help?

2. RCR case - there was a hearing yesterday. District Judge gave the next hearing after 30 days. Meanwhile he has asked responded to either confirm if she is seeking further stay or to file a counter.  Now in the event that she doesnt attend the next hearing also and i get an Ex Parte order, can she later restart her TP process and ask for set aside?

Maintenancevictim (Own)     21 November 2014

Hi all

 

Update on my case - wife filed a petition in HC to extend the stay on RCR. Hearing was today. My lawyer opposed the extension stay and said that we will file a detailed counter to tranfer. Judge asked us to file the counter and declined to extend the stay. Planning to file counter on Monday. Is this normal or can I consider it a small victory?

T. Kalaiselvan, Advocate (Advocate)     21 November 2014

This is a normal practice, do not rejoice so soon.Challenge her case fully on all points and come out successfully to enjoy your success.


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