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Ganesh Nair (Employed)     29 April 2018

Recovery memo

Hi experts

guide me again. Op has put forward a recovery memo on the last date in my DV case for  arrears of less than 50k. Maintenance is @  3000per month. Still, due to family circumstances and my low income of 15k I am struggling to pay.  During the subsistence of the marriage, I have deposited an amount of 1.5lacs in her name in an FD. Till the time she was with me she had not withdrawn that amount. (That was about 2years ago). She is qualified but not working after marriage. So can I say with proof (I have photocopies of the deposits) that she is having the money and not poor as she claims to be? My lawyer says that we will tell those things later. No idea when. The magistrate has asked me to to give an objection to the recovery memo the op lawyer presented on the last date. What are the other points I can stress on the objection? Can I  plead the court  to advise her to find out a job as she is a post graduate.? Can I also say that in the days when women are vying for equal rights everywhere, why is it that they become weak and timid and not capable of getting a job the moment a maintenance is filed? Can I protest about the fact that courts are encouraging women to sit idle and fight for the pittance when they can get much more if they take up a job in addition to the pittance? Kindly enlighten me on how I should write the objection so that the recovery memo is dismissed entirely. Next date is given for crossing of the respondent. My Dv case looks like it is coming to an end. I don’t want to  clear the arrears till my case is dismissed. But I would keep on paying a little every now and then. She Is born and brought up in the same city so language and travel problem is not there. Can I also suggest where all she can find out jobs? Kindly guide me as I want this petition for recovery to be dismissed. Otherwise she will take steps to force the court to issue NBW. 



Learning

 2 Replies

Ganesh Nair (Employed)     30 April 2018

This is hardly an answer to my question.


(Guest)
Originally posted by : Ganesh Nair
Hi experts

guide me again. Op has put forward a recovery memo on the last date in my DV case for  arrears of less than 50k. Maintenance is @  3000per month. Still, due to family circumstances and my low income of 15k I am struggling to pay.  During the subsistence of the marriage, I have deposited an amount of 1.5lacs in her name in an FD. Till the time she was with me she had not withdrawn that amount. (That was about 2years ago). She is qualified but not working after marriage. So can I say with proof (I have photocopies of the deposits) that she is having the money and not poor as she claims to be? My lawyer says that we will tell those things later. No idea when. The magistrate has asked me to to give an objection to the recovery memo the op lawyer presented on the last date. What are the other points I can stress on the objection? Can I  plead the court  to advise her to find out a job as she is a post graduate.? Can I also say that in the days when women are vying for equal rights everywhere, why is it that they become weak and timid and not capable of getting a job the moment a maintenance is filed? Can I protest about the fact that courts are encouraging women to sit idle and fight for the pittance when they can get much more if they take up a job in addition to the pittance? Kindly enlighten me on how I should write the objection so that the recovery memo is dismissed entirely. Next date is given for crossing of the respondent. My Dv case looks like it is coming to an end. I don’t want to  clear the arrears till my case is dismissed. But I would keep on paying a little every now and then. She Is born and brought up in the same city so language and travel problem is not there. Can I also suggest where all she can find out jobs? Kindly guide me as I want this petition for recovery to be dismissed. Otherwise she will take steps to force the court to issue NBW. 

During the married life she might have sucked you might have fuced.  All things done during happier times wont count now. Now matter is in court., court has ordered something for you to pay. You should pay. You cant say I paid 1.5 lakhs then to her, kept FD in her name. All that you have to prove through your lawyer, where she got 1.5 laks from, all that is left your advocate.

Advocate Kamaxi given best reply in your favor. If you cant pay alimony then file a applicatoin stating your inabltiy to pay. But old balance you will have to clear. YOu can go to HIGH COURT but there you have to deposit 75% of old dues. Then only your applicatoin will be accepted. But there too chances are bleak for your win. Plus new high court lawyer will take fees.

Best is to clear off balance in one shot.  Then you file applicatoin of you unable to pay. Then court will fix new alimny or even might cancel alimony based on what informatoi you give.

Showing to court that you already paid money to wife of 1.5 laksh how your advocate will prove is left to him.He took fees from you. GO eat his headd. if he is not working then change advocate.

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