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Guru (Sales Manager)     15 August 2015

Please provide me the opinion how i tackle this and my furth

Dear Experts,

Finally I received the petition copies through Register ID after passed 1st date of Appearance for Counseling and next will be after 1 month. There are two petitions as below,

  1. For divorce under section 13(1) (ia) of Hindu Marriage Act followed by Pre & Post Marital Facts and lots of allegations.

Her Demand

  1. Divorce Decree,
  2. Providing alternate accommodation or the amount for the accommodation,
  3. Interim and ad-interim reliefs in terms of above stated points,
  4. All Stridhan (Claiming huge list of Jewelleries and belongings)
  5. Permanent Alimony with 1.50L
  6. Interim Maintenance of Rs. 5000 per month under section 24
  7. Cost for this Petition be paid for
  8. Any other and further reliefs court may deem fit and proper be granted

2. Interim Maintenance Application on behalf of the Petitioner Under Section 24 of HMA

Her Demand

  1. Interim Maintenance of Rs. 5000 per month
  2. Restrained from selling, alienating and / or creating any third party interest in my residential flat which on my name and the same I bought 3.5 years before of my marriage and still it is on home loan basis.
  3. Providing alternate accommodation or the amount for the accommodation
  4. Interim and ad-interim reliefs in terms of prayer (a) & (b) above be granted.
  5. Any other and further reliefs court may deem fit and proper be granted

Facts:-

  1. Marriage Date: - 01/12/2013 (2 years and 6 months)
  2. Separation: - Almost 2.5 years, after 1 month she deserted the house willingly
  3. Have no child
  4. She files fake N.C. 2 years back and also made time to time filing complaint in 2 different Police stations, yet not file any criminal case on me.
  5. Even my mom has also file the N.C. as she had came to my home in my absence and give threat to my parents and be physical with my mom.
  6. She mentioned in the petition that she work with the Pvt. Company and earn Rs. 3000 per month which are not sufficient for her and demanding maintenance/alimony from me.
  7. I have no idea where she works and live currently as she changes her residence frequently and don’t have any permanent place to live. She put the address in petition of her cousin’s house.
  8. I have collected all her complaint letters, N.C. Copy and statements of our both where she accept about her stridhan which she received all things except 2-3 jewelry which are lying with me and it is still with me I.e. Mangal Sutra which she broke, Bangles which we gave her. She also claimed on Gents engagement ring and pendant which they give me as gift during the engagement and marriage ceremony.

Please provide me the opinion how I tackle this and my further course of action!!

 


Learning

 15 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     16 August 2015

Allegations by her on paper have to be proved in the court, demands by her have to be decided by the court according to UR and her present financial status.Its too early to come to a onclusion as U have to withstand everything in the court with proper evidences from UR  side.

1 Like

Guru (Sales Manager)     18 August 2015

Thanks Sainath ji, OK, what should my approach during the 1st counselling? In petition she is clearly mentioned that she is qualify graduate working female and earn just 3000 Rs. per month but, she doesn't mention her company name and address. Now of the days pay scale of 1 peon is 8k-10k or more so obviously anyone can get the idea she can say false in the petition. Is it advisable during the period of counselling agreed on some amount and convert petition in to mutual and rid off this kind of girl from the life? What kind of precaution I have to take and further strategy?

Guru (Sales Manager)     19 August 2015

Dear experts, kindly response on this.

(Guest)
Originally posted by : Guru
Thanks Sainath ji,
OK, what should my approach during the 1st counselling? In petition she is clearly mentioned that she is qualify graduate working female and earn just 3000 Rs. per month but, she doesn't mention her company name and address. Now of the days pay scale of 1 peon is 8k-10k or more so obviously anyone can get the idea she can say false in the petition.

Is it advisable during the period of counselling agreed on some amount and convert petition in to mutual and rid off this kind of girl from the life?

What kind of precaution I have to take and further strategy?

Boy,

Nobody will provide step by step details as to how to go about your case in online legal forum.

YOU better contact local lawyer for this.

 

With regards to your case, take MCD, cheap and best for all, in 6 months case get over, both are free, but you need to pay one shot alimony to her to get MCD.  Hope you know to do math.  Calculate and then fix price for your freedom.

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

 " Is it advisable during the period of counselling agreed on some amount and convert petition in to mutual and rid off this kind of girl from the life? What kind of precaution I have to take and further strategy?"

Act according to UR own answer. Precaution and strategy would depend on UR wisdom in the counselling.

Guru (Sales Manager)     19 August 2015

OK, got it...thanks both of you...next date in October..will update if any further development.

Guru (Sales Manager)     04 September 2015

Experts,

Here I want to inform you that I got her last 3 years IT return. She filed approx 1.75L return every year and show the source income via equity/shares/ tuition fee. I managed to got these IT returns through income tax websites, somehow I managed to change her password as I have some her personal details which I used to login the page.

 

Please note:- My 2nd date is in October and this is going to 1st date for me as I skipped the 1st date because, I haven't received the summons on time.

 

My question are, If I produce these IT return copies in the court to prove her income then, is there any legal problem to me as I managed to get these details via online password changed? Any cyber crime law? Any other law?

All docs are downloaded online, there is no stamp and sign. Is this necessary to be sign and stamp before producing in the court as an evidence? What my answer if judge/ her lawyer ask me from where you got these?

 

Kindly let me know, how I use these details more effectively and impactful.

 

I am very much thankful to all of you who guide/advice me..Experts, she has harassed me lot during this period. It's just 2.7 years but I feel I lost my 5 years, this is the age where we have to grow and make our life. Because of this hurdles in my life my dad and me met an accident and now my dad in bed from last 2 years and my right hand got injured and treatment is going on, my mom lost too much weight. But, I take as part of life and keep moving on.

 

Thanks again in advance...

Guru (Sales Manager)     06 September 2015

Experts, please response on this.

Jothish Kumar (Consultant)     07 September 2015

Keep the IT return with you not to produce it before court. Ask your advocate to call IT officer as witness  in her IT ward through court to get the returns. If she submit fake returns or fake income details, you are eligible to file Perjuary :)

1 Like

Guru (Sales Manager)     08 September 2015

@Jothish Kumar, yet I have not attended any date. Matter is in counseling, 1st date in October

 Is this advisable to do settlement with some amount during the counseling and convert in to MCD or have to fight as I have strong proof of her ITR copy?

Guru (Sales Manager)     05 October 2015

Experts,

My 1st date for appearing in court for counseling is nearby…

Any advice for me

Guru (Sales Manager)     09 June 2016

Dear Experts,

Thanks all for your advice.

Finally matter is reach on mutual divorce and I agreed to pay some amount as it’s in my range.

Last date activity:- Filed conversion application to convert her Divorce Petition-A 13(1)(i-a) in to Mutual divorce and signed consent terms in front of Counselor & Judge and also paid some minimal amount in cash as her 1st part of alimony.

Now, next hearing  in next week. Advocate is common, I have not hire any lawyer.

My question is, is this safe to pay in DD of remaining alimony which is almost 95% of total settlement? Or is there any other provison?

Which are the most important points I need to take care for mention in the affidavit?

Dana Kayoni (Expert Humanitarian and Lawyer)     09 June 2016

Dont pay half on fisrt motion.  if she dont turn up on second motion, you get loose motion :p  Have advused in other query.

Guru (Sales Manager)     10 June 2016

Originally posted by : Dana Kayoni
Dont pay half on fisrt motion.  if she dont turn up on second motion, you get loose motion :p  Have advused in other query.

Please read my query properly.....1st motion happened and paid 5% amount, now turn for 2nd motion so, advice accordingly.... Thanks....


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