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kunal   25 August 2015

Need guidance and suggestions

Greetings to All Members !

Wife has filed deceptive 498A,406,354,DV and CRPC 125 in december'14.I am on AB and during trail of DV.Appeance in 498A,406 and first hearing of CRPC 125 next month.  

I am focusing more on my DV case rather than other cases for the rejecton in Interim to my estranged wife.

1 ) Maintenance Case :  My wife is extremy good in academics and higly qualified women used to work before and after marriage. She said she is not working now and filed for mainatance and looking for 30k. They have showed in court that i am earning 85k per month however i am getting Rs.50k per month and produced my salary slip of 50k in front of judge. My FIL has visited my office before thay have filed for maintance case to confirm about my salary and my boss has very well explianed my FIL about my salary package. 

Questions :

i) When my boss has informed my FIL about my salary package i.e 50k then why the hell they have mentioned in petition that my salary is 85k? My boss has emailed me stating that my FIL has inquired about my salary and they have explined the same to my FIL about my salary package? Moreover i have their visitng time and date with signature in the visitng register of office at security guard.  What to do in this scenario ? can i file for perjury on the basis id email of my boss and their signature on visitors register on them for mentioning wrong salary in petition ? 

ii) My wife is a higly qualified and i have her resume and pic of her work and her bank account details. Any chance for the rejection of interim on the basis of these above evidence ?

2) 498A,406 : FIL have claimed given RS.22 lakh in dowry (including all items and cash ) to me and my family. Other hand, i have got the details where in my FIL is carrying BPL CARD(Below poverty line).

Questions :

i) What to do in this scenario , 22lakhs spent but having BPL card ? 

 

Kindly advise and i will be thankful to all from heart soul.

 

 



Learning

 13 Replies

Prasad (Systems Engineer)     25 August 2015


Hi Kunal....


Be cool. Please read the following fact and keep in your mind always. Never forget it.


"When there is no substance, the only best strategy available for wives and their parents is to frustrate and humiliate husband and his family by throwing papers that has mud/stone/rock written on them."


Judges and all lawyers are aware of this fact very well.


So, never ever get upset about what your wife or her father saying or writting.


Let your BPL FIL prove that he payed 22 Lakhs to you. 


22 Lakhs claim by your FIL is like trying to throw ROCK at you by throwing "a paper written rock in it".


Do not file prejury on your FIL but just present the facts to Judge.


If you loose your cool and get frustrated, your wife will convert the same into money.


Just stay calm and keep producing facts to the judge.


Assuming you are lucky to have a neutral judge, you will get right justice.


You can expect the best to be "zero maintenance" to your wife.


But, in reality, expect that, judges will award certain amount anyway proportional to your documented earning.


Judges will surely account for earning capability of wives and deduct the same from the maintenance amount.


More than any of these cases, you should concentrate on whether you want to unite with your wife or not.


If you have lost all love and trust on your wife, then, execute every strategy, to pay some lump sum money and get MCD or compromise divorce and move ahead.


Fighting or trying to teach lessons to wives is a criminal waste of time.


Such wives and their family can harass you without any remorse.

kunal   25 August 2015

Dear Prasad,

Appreciated and thanks for giving the guidance,motivation,rule and time. 

Do we have any judgement of High Court says.. Women working in past should not entilted to get Interim ?If court will bound me to pay maintenance in Dv act ,then again i have CRPC 125 pending for next month that mean i also have to pay for 125 case as well .. so drone ...

Prasad (Systems Engineer)     25 August 2015

Yes Kunal. There are many judgements where it is mentioned that "capable wife" cannot claim interim maintenace.

 

I presented those judgements but still judge gave me an order to pay 15K per month as IA.

Prasad (Systems Engineer)     25 August 2015

And I believe judge accounted for her earnign capability as other wise he could have ordered me to pay 30K per month.

kunal   25 August 2015

@Prasad,

So have you gone through with the revision petition in high court to lower down the interim ? If you will keep on paying 15k then ur FIL family will delay the case just to harras you & 15k is not a lower amont to pay her just to sit at home chatting on facebook ? 

Prasad (Systems Engineer)     25 August 2015

That is right Kunal. I am paying them to harass me. That's how our marital legal system is.

 

I wanted to go for revision in HC but my lawyer advised against it saying that the amount is reasonable and there is a chance that HC will reject the revision petition or sometimes may increase the amount as well.

 

So, I am now concentrating on the divorce case that is based on mental cruelty.

 

They just want to drag the case so that I may come forward to pay their huge alimony demand.

 

But I am fighting on merits.

 

kunal   25 August 2015

Perfect.. Do not go for compromise with money. Let them come for compromise without money. 

Logically : 

15K per month

Divorce on groun of Mental Cruelty : Takes 3 -4 years easily. 

Monetary Loss : 15k for 36 months =540,000

Lawyer fee : ( ....  ??  i dnt know how muh are you paying  )

Count : How much the total  have you paid , and will pay ? 

Seems we land up with no where .. at the end value is 0. You  will not pay to your wife for Big alimony but other hand u have already paid the huge amount brother. 

Your lawyer has advised you to go for mental cruelty divorce  so he can heavier his pocket instead of advising you to find the evidences against your wife ??

1 Like

A.Radha Sampath (Advocate)     25 August 2015

Regarding the maintenance, irrespective of the wife's earning capacity, the husband has to maintain her till she is really earning. The facts and circumstances of a woman may not be that good as for a man to earn immediately after leaving the matrimonial home. Certainly the court takes into account the earning capacity and the work experience of the woman and also the earnings and expenses of the man too before any order for maintenance is passed.

You are in a state of frustration and hence concentrating only on the fact of maintenance. If you better concentrate more on the remaining cases too you would be relieved greatly of all these and be able to maintain calm.

If the cases are false, she may not be able to prove anything and sure to loseeverything in her life except the fact to live at the mercy of your maintenance.

So better fight on your merits regarding all the cases for a quick relief.

kunal   25 August 2015

& how are you saying that you are fighting your case on merits ? What merits are u fighting on when u have loosed saving your 15k

A.Radha Sampath (Advocate)     25 August 2015

Till you are divorced she is your wife and she has all the rights to be maintained.


(Guest)

Agree with experts.

Prasad (Systems Engineer)     25 August 2015

Kunal ... You are right on the "time that I will loose" part.

 

And I am fighting based on the proof that I have of her cruelty.

kunal   25 August 2015

Wish you the good luck .. 


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