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Swaroop   18 August 2016

Maintenance - trapped

Hi All,

I filed petion for Divorce and my wife is contesting that. 
She filed HM24 sec interim maintance case. Currently i am job less and dont have properties.
my wife and in laws are asking 25 laksh as alimoney for mutual consent.
 But I dont have that much money for taking Mutual consent. 
But recently one of my relative uncle  came to me and said that he would give 25 lakhs as alimony for mutual consent divorce. 
So, I called my wife and in laws for mutual consent.
the twist is they have recorded and  produced my voice records like I would give 25 lakshs and in emails (MCD draft) to the court and stating that 
husband has money and asking the judge for Rs.30,000 as maintenace.
The case has been adjuorned to next week. 
It is a trap and cheated me. Understand that my uncle is collade with my in laws.

They have produced original mobile phone( it has all recordings) as proof and attached email copy also.
How can I prove its a trap? I dont have any recordings.
what precautions I need to take and proove that I dont have money.

Please help me.
 



Learning

 11 Replies

Suneet Gupta (www.vashiadvocates.com)     18 August 2016

Frankly speaking this message and query seems to be false and misleading. A typical defense adopted by the husband during divorce and maintenance proceedings is:

  1. I have no job, even though I had a very well paying job / huge earnings just before the start of the divorce proceedings.
  2. I have no property, as all the property is quickly and surreptiously transferred to the name of the parents / siblings / relatives.
  3. Any maintenance or alimony or settlement money will have to be given by my relatives, apparently by the same relatives who are suporting the husband and allowing him to live a life of luxury and roam around in huge cars, while actually being a pauper on paper.
  4. My Income Tax returns are nil, because all that I am earning is in cash and I don't intend to pay tax on it to the government. Sometimes the husband refuses to submit the IT returns because they show a high income, or even claims that though he was earning in lakhs an year ago, he has suddenly lost all his sources of income.
  5. My Bank Account statement is also nil, becuase I shall not disclose the bank accounts where most of my money is stashed.

If your relative can give 25 lakhs for 'settlement', then he should also be ready to pay the monthly alimony on your behalf.

1 Like

Sidharth   18 August 2016

Originally posted by : Swaroop
Hi All,

I filed petion for Divorce and my wife is contesting that. 
She filed HM24 sec interim maintance case. Currently i am job less and dont have properties.
my wife and in laws are asking 25 laksh as alimoney for mutual consent.
 But I dont have that much money for taking Mutual consent. 
But recently one of my relative uncle  came to me and said that he would give 25 lakhs as alimony for mutual consent divorce. 
So, I called my wife and in laws for mutual consent.
the twist is they have recorded and  produced my voice records like I would give 25 lakshs and in emails (MCD draft) to the court and stating that 
husband has money and asking the judge for Rs.30,000 as maintenace.
The case has been adjuorned to next week. 
It is a trap and cheated me. Understand that my uncle is collade with my in laws.

They have produced original mobile phone( it has all recordings) as proof and attached email copy also.
How can I prove its a trap? I dont have any recordings.
what precautions I need to take and proove that I dont have money.

Please help me.
 

court can grant maintainance as per your income not on voice recordings. Court cannot grant maintaince on the amount you was ready to give in case of mutual divorce. if you are living in delhi you  will be ordered to file affidavit as per the rulings of delhi high court in case " https://dtf.in/wp-content/files/Delhi_High_Court_Judgement_dated_14.01.2015_-_Kusum_Sharma_Vs._Mahinder_Kumar_Sharma.pdf "

if you are living in  a city  where the high court has not ordered this type of affidavit you can file it and pray the court to give orders as per this it will help you to find out where your beloved is lying and these affidavits will be the basis of maintainace amount and not voice recordings.

1 Like

Swaroop   18 August 2016

Hi Siddarth,

Thank you very much for valuable information and I will file affadavit. Really you gave me boost.

Sunnet Gupta,

What is the use of posting false and misleading query here. your flow of thoughts are wrong. Its happend in my case. procedings and directions of some case are different.

 

Suneet Gupta (www.vashiadvocates.com)     18 August 2016

Dear Swaroop,

If your case is genuine, then I am sorry for my doubts. However, I have seen several such cases in the past and tend to be wary of husbands, and also wives, who suddenly become penniless during their divorce proceedings, even though they used to earn and live lavishly earlier.

Regards, Suneet

1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     18 August 2016

Electronic evidence cannot be proved in court at thr drop of a hat. 65-B and CFSL reports play an indispensable role in the same. Do not worry about the said recordings going against you. Merely because some one has agreed to pay alimony on your behalf does not mean that you have the same.

Also remember that evidence of correspodence done during any negotiation or settlement does niot hold strong footing because that goes against the very root and principle of their being any concilliation.

But then the fact that you are not earning wont help u . If you are able bodied and educated, the burden is on you to establish why you are not maintaining your wife.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Vibha   18 August 2016

  1. I agree 100% with Augustine Chatterjee.
  2. I also agree with doubts raised by Suneet Gupta. Court is likely to raise similar doubts. Do whatever you can to convince court of your bona fide else judge will order maintenance based on guesswork which usually goes adverse.

Suneet Gupta (www.vashiadvocates.com)     18 August 2016

While the onus to prove authenticity of the electronic evidence shall be on the wife, the burden to prove that you are a pauper shall be on you.

Please note that while the electronic evidence has little weight, you have an obligation to say only the truth in Court and if the alleged conversation did take place, you cannot truthfully deny it in the Court. Any evidence given by you either orally or through Affidavit is on oath and has to be truthful.

Therefore, despite all advice by my learned friends that the electronic evidence is not maintainable, please understand that if you deny it in Court, then you are lying and as an Advocate, I shall never advise my client to lie in Court.

It is better to accept the conversation and try to explain it. Any moves to mediate and negotiate an out-of-court settlement is never held against the parties and any conversations as a part of the same are praise-worthy.

It shall be better for you to accept the conversations and turn them to your advantage by proving that your wife was interested in the settlement offer and had accepted the 25 lakhs offer for full and final settlement. Alternatively, you can claim that your wife was insincere and scheming against you through such back-channel negotiations.

In my law practice I have generally seen that if a client is actually truthful, then he has nothing to fear. The Judges and Courts generally understand the case better than we give them credit for.

Suneet Gupta (www.vashiadvocates.com)     19 August 2016

Originally posted by : autohide147
Husband has no job, he is pauper, his wife is having affair and has deserted him leaving him deeply depressed. His Audi car, his iPhone, his home in posh locality, his expensive lawyer and his branded clothes are all provided by his parents. His own wallet does not have single paisa. 

Wife has been harassed for dowry, beaten black and blue everyday, not given food, kicked out of house in two clothes. Her husband is very rich. She has MBA but she does not work. She has become used to lifestyle of Tata and Ambani after 2 weeks of marriage. If she is not given 2 Lakhs in maintenance per month, the abla naari will have to live on streets and beg for food.

Every divorce case in India looks exactly same.... 

How true! The husband has no money and everything is provided by his parents, and the wife has no means to support herself despite best-in-class education and perhaps even an independent business. Both are penniless but can afford to hire expensive lawyers right up to the High Courts and the Supreme Court.

b.goheel   19 August 2016

ld. adv. guptaji, no need to surprise !!! it is a beauty of prevailed relaity in our society

Swaroop   12 October 2016

The good news here is the Judge thrown those emails and audio records on thier faces. 

thanks a lot Siddarth and Augstine chatajee . The maintenace is based on husband income/property and not voice records.

anil   12 October 2016

on phone or email anyone can say anything , he can claim he is president of US and have lots of dollor in pocket, so no need to worry abt that, 

you can say u was looking for their mind what they want. if they was about to agree u was thinking of collecting money from various sources ,even selling yourself to get a peice of mind.

if you have nothing in your hand just chill and relax , no can force you to pay 25 lakhs . not even supreme court without proving your wealth. so if you if anything just dispose it and enjoy life.

in life a wrong girl comes in then life is miserable , so its better to enjoy with hard earned money rather then paying off it to other , this is business for many now days in the name of marriage.


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