LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tajobs please answer

Page no : 2

(Guest)
Originally posted by : supriya


Thank you everyone for replying on my query and giving your valuable suggestions.

Let me ask few very pointed questions:

 

1. Can i file maintaince? i am earning a decent amount and employed in a reputed MNC. Husband's salary is 3 times that of mine.

You can file maintenance, but you wont be getting any maintenance as you are already earning and have source of income via job.

2. If i file maintaince, he will contest and not give me any mone.. i dont want also..he might not come out of hibernation for this case..as his councel can represent him. Also, if i file maintaince i cannot file 498a later is it true?

When you dont want maintenance, dont file any application asking maintenance.  Once you have filed for divorce, or if he has filed for divorce, matter is already in court, now you cannot file dowry case.  ie 498a.  If you want to file 498a, then file it now and kiss goodbye to your married life.  Be advised that once you file 498a with allegations, and if you fail to prove them in court of law, there is a chance of your husband filing perjury case for lying under oath and it attracts imprisonment upto 7 years and fine too.  So think before you file any cases.



3. We use to reside with his parents ...his parents might not accept the notice stating that he doesnt stay with them and also they dont know his whereabouts. Then what is the fate of my case?

IF he has changed his place of accomodation, then its no use sending any notice via court, it will simply go and come as addressee not found in address, and you may press for exparte orders if you have filed any application.  If he has hired any lawyer, lawyer will represent him and the case will go on and on.



4. The complaint for 498a should be comprehensive, do i have to give a concise compaint for maintainence. So the contents of maintainence should also contain allegations and proofs on dowry harassment.

Details in detail need to be provided in complaint.  State facts which can in during trial of case be proved that he asked for dowry, he tortured you with supporting documents.  At all times while giving complaint remember the fact that, making baseless allegations will definitely backfire. 

If there is any advocate from hyderbad then please let me know. I would like to meet personally and discuss.

Contact Adv. Ramachary who is a member in LCI and also a practicing advocate in High Court of AP.

 

Regards

CompelledToLearnLaw (Financial Examiner)     26 October 2014

Jimmy, brother, experts here cannot spoon-feed people. They r not here to teach people to appear party-in-person. In my opinion, Tajobsindia and all learned, respected lawyers, provide enough knowledge to people so that people can have an informed conversation with their own lawyer.

 

Jimmy, u r not too smart. Try not to argue for the sake of arguing alone. Since u r not too smart, I will split up the answer given by Tajobsindia into three parts. So that it`s easier for u to understand. This is the same answer that u have an issue with. Now u point out to me where he is wrong. Here we go:

 

Querist: if husband and wife living separately for nearly 3 years, can this be a ground for husband to seek divorce?

Tajobsindia: Yes, assuming both parties Hindus then invoking desertion clause a divorce suit matter can be filed by him.

 

Querist: Will he get the decree?

Tajobsindia: Party awarded a decree depends on quality of pleading, arguments and reasonable evidences.

 

Querist: What remedy is available to the wife?

Tajobsindia: Remedy is to ‘contest’ his suit matter and deny allegations of alleged desertions OR file suit for RCR

 

Jimmy, my layman brother, tell me where he erred? If her husband decides to file a divorce suit today, the ensuing events will be similar, if not exact, to what Tajobsindia described in his answers.

 

Criticism shapes perfection. But learn to criticize with respect. If possible, learn to criticize with respect and brains.

Jimmy (Manager)     26 October 2014

CompelledToLearnLaw, Funny, very funny indeed. I have already explained why TajobsIndia is wrong in offering his unqualified opinion. Some basic IQ is required to read and understand my answer. No wonder you like TajobsIndia's answers. You probably do not read or worse, understand, other answers/suggestions. The rest of your response is just irrelevant noise.  This is my last post on this query.  

CompelledToLearnLaw (Financial Examiner)     27 October 2014

Brother Jimmy, what u talking about? So u want Tajobsindia to tell the querist that her husband’s petition will be dismissed? Do u want Tajobsindia to act as an astrologer like junior Advocate Satyadarshi Kunal and urself.(U being no advocate at all)  And if the husband’s petition succeeds, u want Tajobindia to be the man who she curses.

 

From the information the querist gave, can any mentally-balanced advocate guarantee a sure dismissal of the husband’s potential divorce suit? She said she has phone call records. She did not say she has recordings of phone conversations. The husband can say he or his family was pleading with her on the phone to live together. It will be he said/she said evidence. Further, she does not say what the content is of the Facebook posts. She also says she has a proof of pictures on the Facebook. Will pictures of them on his Facebook page prove she did not desert him? She mentions Police but she does not say what she has had to do with the Police. She does not mention if she registered any complaint at all in the Police Station.

 

To put icing on the cake: neither u, nor Advocate Satyadarshi Kunal know what evidence the husband has under his hat. Yet u both forecast a sure dismissal of the husband’s divorce suit.

 

 

What an uneducated prediction and what a false assurance to the querist!

CompelledToLearnLaw (Financial Examiner)     27 October 2014

Supriya, in other threads, u r saying ur brother’s wife may file 498a on u guys. So in this thread, is this ur story or r u posing the query to know ur sister-in-law’s view point? Why do people write lies? It's very sad u lied because in some of the replies in this thread, people poured out their heart to u.
 
In this thread u said u want to adopt a kid. A year ago, in another thread where u said ur brother's wife may file 498a, u wrote the following:
 
"I only saw his wife at the wedding when i was there my kids school has started so couldnt stay at my parents city for a long time but till the time i was there my SIL was really good, she was good to me and my kids.
I really feel sorry for her becoz her dad is a cancer surviver and she appears to be of noble intentions. Even my hsuband is now blaming my family for all this non sense.  Again the girl is not interested in alimony and also her parents say that they will not leave my brother at any cost."
 
Reference:
https://www.lawyersclubindia.com/forum/details.asp?mod_id=87693&offset=1#.VE2ZpPnF9Lc
 
Since the post is one year old in which u said ur kids' school has started, means that ur kids were of school age one year ago. Let's say the youngest one was 4 year old one year ago. He should be 5 today. It took 9 months for ur younger baby to ripen in ur womb. So ur older kid should be at least about 6 years old. It took 9 months for the older kid to see the world. So that should make ur marriage about 7 years old.(I'm assuming u have some virtue and u had kids after marriage) If u have more than 2 kids, the marriage should be longer. 
 
Now let's continue the fable of this thread: did ur husband of 7 years also take ur kids abroad? Is that why u want to adopt a 'poor kid'?

CompelledToLearnLaw (Financial Examiner)     27 October 2014

Although both of ur stories could be lies but I think, in this thread, u r trying to find out if ur brother will be able to get a divorce. U also want to know if his wife can claim maintenance. U r also worried that the 498a cloud might rain.

 

If the above is true, then, why add all the dramatic lies with ur query? U could’ve just asked plainly whether ur brother could get a divorce or not. But u added the extra lies so that u could emotionally blackmail the experts into giving u a better quality replies.

 

 

Guysss, was I right about women or what?(When I said they know how to act and gain sympathy)

CompelledToLearnLaw (Financial Examiner)     27 October 2014

Supriya, now that I had the time to read more of ur previous threads, I think u r the deserted girl. U were just pretending to be ur husband’s sister. I think this because, in the threads where u r pretending to be ur husband’s sister, u r unusually sympathetic to the ‘wife’ in question. U wrote:

 

“in some way or the other my parents and brothers are only responsibile for her leaving the house... ... .. My brother loved her a lot, but my parents are very possesive about him and they use to always encourage him to make his wife bend for everythng. I remember one day she got a call from her parents house and my mom encouraged my brother not to allow her to speak to him and he did that. At times he is also blind folded by my parents.” 

 

U r unusually hostile towards ur brother’s lawyer. U wrote:

 

“The thing is they are guided by a crook advocate introduced by my elder BIL and sister. They feel its easy to get away with her.” 

 

Reference:(Page 1, 2, 3)

https://www.lawyersclubindia.com/forum/details.asp?mod_id=87693&offset=1#.VE3dCPnF9Lc

 

To be honest with u, ur whole life might be a web of lies. I give up. I can’t say for certainty which story is true or if both the stories are lies. In real life, a prudent person will distance himself from a person like u: there is no other remedy. It’s not worth it to explore lies of unworthy people to get to the truth underneath. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register