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venkata Peddi (It consultant)     20 September 2012

Petition

 

Dear Sir,

Initially I would like to thank everyone who spent time to read my problems and provided me a solution.

 As my wife filed for a huge amount of maintenance and mentioned that she is mentally disappointed. I filed petition by mentioning that I don't have enough.

But they have ignored my petition and started asking judge to attend me directly in court. As I work outside of India it is very difficult for me attend into the court. My lawyer also mentioned the same in the petition and asked lawyer and my brother presence there. 

I would like to obey the respected judge orders and planning to attend the court once.

I would like submit a petition to judge that I am outside of India and my earnings are not sufficient for me to travel frequently to India. Also I would like to mention that her mother has job and brother is in abroad, who are providing money for M-tech.

I have already mentioned the above to my lawyer, unfortunately my lawyer is also not listening to my words, I repeatedly mentioned that I can pay marginal maintenance amount as my earnings are less, we don’t have kids and we live together for very short period.

Please suggest me on the same and let me know if I am wrong.



Learning

 6 Replies

ashok kumar (Lawyer)     20 September 2012

firstly i would like to make  one thig clear to u  that --to maintain a married women is sole responsibility  of her husband and not of her parents or of her brother 

but

i would like to make one thing also clear that a husband is rsponsible to maintain his wife only when if she is unable to maintain herself. here u r at advantage, in your case uour wife seems to be highly qualified (as she is persuing Mtech ) and she looks capable of maintaining  herself

for reducing the maintenance amount try to proof with some concrete evidence u have  other responsibility also such as u have to maintain ur parents and family , or there is some liability u have to fulfil or debt u have to return

venkata Peddi (It consultant)     20 September 2012

Dear Ashok,

Many thanks your suggestions are valuble to me, but I have submitted my salary slip and expences sheet. They have filed reprtition and mentioned that still they want minimum 25k per month.

Also they have asked Judge to bring me to the court, not very sure why they are calling and I felt my lawyer is also not providing the reson why they are calling me. As I have not attended the court, I completely deppend on lawyer words.

So I want to file a petition in the court with my problems and the problems I have pay 25k every month to her.

Regards,

Venkat P

Tajobsindia (Senior Partner )     20 September 2012

1. There are two Judgments from D HC and one from MP HC which clearly says “no maintenance to highly qualified wife”.  There is another Judgment from D HC which clearly says if husband not earning then maintenence cannot be extracted from him.

2. The bottle necks in your brief which we see are;

- simply a non persuasive advocate.
- client living overseas.
- overseas means earning equal to Bill Gates and nothing less gets conveyed in adversial India Courts in absence of client himself.
- the case is before Family Court and under criticised Rules of Family Courts both client physical presence once during lifetime of the case is a must.
- video conference option for deposition in matrimonial cases which many matrimonial courts for such matters have already allowed in favor of overseas party including Apex Court could have been allowed here too which was not done due to reason best known either to you or to your advocate.
- here the maintenance is asked from husband hence stick to husband and wife ability and capacity revolving arguments only and there is no need to shift burden to her mother or to her brother as some sorts of inference being drawn, such vocal submissions fails miserably during open arguments in adversial Courts.
- produce earning affidavit and admission of same in Court to decide accordingly at the earliest is enough prime facie way to wrap up proceedings within 60 days. Anything beyond which not produced under affidavit and not challenged if granted as capacity of defendant we say it simply cannot be given in civil maintenance cases which is set Law. Hence same are challengeable later on. Someone from your side need to stick to it.
- she may ask for half share in Taj Mahal but reasonable needs read with income capacity to pay also is seen not that one solely depends on gospel sari, sindoor and glycerine impromptus of metro wife’s every ifs and buts in Courts.

Above are some of the hiccups that you may be facing and are as bottle necks to take note of and self correct them accordingly.

venkata Peddi (It consultant)     20 September 2012

Dear Tajobs,

Thank you very much sir, I got a very good information. But in my oepnion I am not getting enough support from my lawyer and mostly he won't repond to my call or he will tell me that enough time to talk with me. So I would like to change him once i go to india and find some one who will give at least 10 mins in a month to tell me what's happening in my case.

 

Thank you so much sir.

venkata Peddi (It consultant)     20 September 2012

Dear Tajobs, 

 

Also can you please let me know whether a lawyer is taking care of a case, can I file a petition by my own or I can change lawyer and file petition from a different lawyer?

Thanks in advance.

Tajobsindia (Senior Partner )     20 September 2012

1. No. When already appointed a amicus curie in family court, party generally is not allowed do filing by self.
2. Seek an
NOC and take all materials papers from previous Advocate then only hire and direct next Advocate to file his Vakalatnama.

 


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