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(Guest)

Want to change high court advocate

HI expert..

Wife filed Divorce (13 1 ia)..I filed RCR (Really ready ot cohabit)... We have a 18 months old daughter.

Her HMA 24 rejected bcoz she is earning 25k per month. For my daughter family court granted 10k per month.

My daughter was jus 9 month old when order was passed.

After my home loan deduction my net salary is 18 k (53k - 35k (home loan).

Considering the age of child, my net salary & she is also qualified & earning. i have challenged the order in high court.

My case is now due for argument on next date in HC. But now my  adv is saying that even in HC the amount can not at all reduce. He look very pessimmistic. He has already taken 70% of his fees.  i lost all hopes from him. he will not do good in argument. my wifes adv is very aggressive in argument.

My family court advocate is very competent but he dont take high court cases.


Pls suggest me what should i do?

Shall i change my HC advocate at this stage?

is 10 k for 9 months baby is too high or not? family courts also not considered my loan loability

Are there any chances to reduce the amount from 10k to 5-6k?

Pls also suggest me a good bombay high court lawyer?

 

Thanks



 9 Replies


(Guest)
Originally posted by : Being Cheated


HI expert..

Wife filed Divorce (13 1 ia)..I filed RCR (Really ready ot cohabit)... We have a 18 months old daughter.

Her HMA 24 rejected bcoz she is earning 25k per month. For my daughter family court granted 10k per month.

My daughter was jus 9 month old when order was passed.

After my home loan deduction my net salary is 18 k (53k - 35k (home loan).

Considering the age of child, my net salary & she is also qualified & earning. i have challenged the order in high court.

My case is now due for argument on next date in HC. But now my  adv is saying that even in HC the amount can not at all reduce. He look very pessimmistic. He has already taken 70% of his fees.  i lost all hopes from him. he will not do good in argument. my wifes adv is very aggressive in argument.

My family court advocate is very competent but he dont take high court cases.


Pls suggest me what should i do?

Shall i change my HC advocate at this stage?
  yes


is 10 k for 9 months baby is too high or not? family courts also not considered my loan loability

It depends on how you presented your situation.  You should have submitted all documents related to your expenes, loan, bills, insurance, tax liability etc etc and then deduct it from actual income = take home income.  On take home income tax 1/3rd will be calculated as alimony in proportion with wife's income, and her educational qualification, and all such details of your wife's income should be submitted by you, ie salary slipi, employer address, summoning her employer if wife lies about employment, her fixed assets, immovable property details all should be made known to court while filing reply to her maintenance application.  I am sure your family court lawyer has  not done all this, hence the court has ordered such exhorbitant alimony for you to pay.



Are there any chances to reduce the amount from 10k to 5-6k?

Yes, after a period of 1 year you can file change in circumstances appiication to FC and they will reduce the said amount provided you follow what I have explained above.  But you will have to pay arrears.  IF you fail to file new application for change in cirucmstances after one year, same account will continue, ie 10k per month  you will have  to pay.

Pls also suggest me a good bombay high court lawyer?

 
Check PM for bombay high court lawyer.


Thanks


Yes you can change your lawyer.

ANAMIKA VICHARE (LAWYER)     04 June 2014

I do not think the order shall be recalled

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

How could EMI be 2/3rd of your income, which bank gave you loan of such high amount. Something fishy here.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Gautam Kapoor (IT professional Studying Law)     05 June 2014

When the court rejected her maintenance petition and awarded 10K towards your child it would have been done probably seeing your earning potential.If you still feel aggrieved you can challenge the order in the same FC or HC.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Also, have to understand that you could have argued that the maintenance of the child is the responsibility of both the parents.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     23 June 2014

Yes u can apply for reduction of maintenance amount. For HC u can contact to Madam Raj Jain. Her contact number is 09350244289

1 Like

Solomon Raju (Advocate High Court of A.P.)     23 June 2014

Agree with Mr. Shonee Kapoor and your advocate shall put forth the matter rightly...High Court will surely consider your case....and reduce the Maintenance amount...

1 Like

Adv k . mahesh (advocate)     24 June 2014

1.  loan part have you not projected as evidence means documents or payment slips if any

2.  if any salary deductions

3. her salary slip with bank account statement if you can means very advantage 

4. about lawyer you can take help of any senior advocate for the part of arguments and once you meet him first take all the above documents to make your maintenance case strong enough to argue 

1 Like

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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