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Wife lying about money paid to her

Page no : 2

Lavneet Singh (Software Design Engineer)     21 May 2013

Dear Helping Hand! sir,

I do not mind you being rude or sarcastic. But I do expect that you READ my post before replying.

I HAVE ALREADY FILED A CONTESTED DIVORCE PLEA. The MCD was closed by court because my wife refused her consent. The plea I am talking about is of CONTESTED DIVORCE. 

I do want to stop the EMI and that is why I am taking opinion from you experts.

Dear Ranee.....

The property is on my wife's name - single ownership. I am not owner of that property at all, but the loan is on my name and my wife is 2nd applicant. The bank has the original documents in its possession. I do not know how come bank agreed to having the property only on my wife's name.

I think I've got what I was asking.

The conclusion is: Stopping the EMI will not have any effect on the contested divorce plea that I've filed.

Thank you experts!

Regards.


(Guest)
Originally posted by : Lavneet Singh


Dear Helping Hand! sir,

I do not mind you being rude or sarcastic. But I do expect that you READ my post before replying.

I HAVE ALREADY FILED A CONTESTED DIVORCE PLEA. The MCD was closed by court because my wife refused her consent.

 

That was bound to happen.

The plea I am talking about is of CONTESTED DIVORCE. 

Contested divorce takes a hell lot of time to get over with.

I do want to stop the EMI and that is why I am taking opinion from you experts.

Stop it.  Dont pay.  Last reply regarding this topic.

Thank you experts!

Regards.

Adv k . mahesh (advocate)     21 May 2013

why all this hue and cry i dont under stand 

1. if you want to stop emi paying stop without any hesitation after all you are only paying the money and you are not the sole owner

2. now the bank people will ask your wife first to clear the emi as she is the sole owner and will publish in paper for auction of the flat 

1 Like

Lavneet Singh (Software Design Engineer)     21 May 2013

Dear k . mahesh,

In my contested divorce plea, I've mentioned that I'm paying the EMI for the flat in which my wife is living. Now if I stop the EMI, can the court / judge say something like this :-

"Well, boss in your petition you mention that you are paying the emi, but you cleverly stop paying it after you have filed the petition. I think you are misleading the court. So I order you to pay to your wife 45000 per month so that she can pay the emi now."

I donot want to be on the loosing end once again.

Is there a way to stop the EMI and also not be seen like cheating the court?

For example, is it better to tell the court (via an affidavit / revised petition) that because my wife is cheating on me for the money that I have given, I've decided enough is enough and I am going ahead with stopping the EMI. Would that be better?

Thanks,

Lavneet

shriks........... (healyhcare)     21 May 2013

1.let me tell you one thing.......you are fooled you also know.....

2. didnt you had enough money to afford a lawyer before showing your big heart donation??
3. now go into hibernation mode ...... stop every kind of money donation , save, tighten the screws and file cases of fraud, forgery, along with recovery and divorce to the money paid.......

do not worry donot expect much of outcomes , just file cases to negotiate terms , its a stratergy, 

let her keep running to courts spending 30 lac interest on lawyers and keep quiet until they ask negotiation....
4. you should have seeked good legal advise before hurrying....

5. all the best

Ranee....... (NA)     21 May 2013

Stop paying, then she may agree for MCD again.

If the property goes in auction then she may ask for residence right in your another property(matrimonial home).

But one thing is sure stopping emi will not affect your case.


(Guest)
Originally posted by : Lavneet Singh


In my contested divorce plea, I've mentioned that I'm paying the EMI for the flat in which my wife is living. Now if I stop the EMI, can the court / judge say something like this :-

"Well, boss in your petition you mention that you are paying the emi, but you cleverly stop paying it after you have filed the petition. I think you are misleading the court. So I order you to pay to your wife 45000 per month so that she can pay the emi now."

I donot want to be on the loosing end once again.

Is there a way to stop the EMI and also not be seen like cheating the court?

For example, is it better to tell the court (via an affidavit / revised petition) that because my wife is cheating on me for the money that I have given, I've decided enough is enough and I am going ahead with stopping the EMI. Would that be better?

Keep examples with you.  Hire a good lawyer.

Thanks,

Lavneet

Do you even have a registered lawyer to fight your case?


I dont think you have even a lawyer.


The court wont ask you anything other than paying of alimony due from you to your wife with interest.

Nothing more than that.


Either after paying 30 lacs you have gone bankrupt and seeking advice here.


Court does bother only when your wife tells to the court that you have estranged her, not taking care of her and she wants money.


Then you have to pay money to her.. If you dont pay her money for her expenses etc, then you land up in jail, not for not paying EMI stupid fellow.


Reformist !!! (Other)     21 May 2013

Stop paying EMIs and join local SIFF meetings ASAP. You need good advice, pls join SIFF ASAP

Ranee....... (NA)     21 May 2013

Meet the Branch Manager of the Bank once again, check the loan documents and ask if your name can be introduced as a co-owner.

You were in so hurry for a divorce that you paid cash of such a huge amount without proper documentation.Now wait for 2/3 years and  let wife drag  the case and you stop paying EMI.Rs40000 is not a small amount.and shared househiold through Dv Act is not same with that of a flat of own.Very soon she will be begging for MCD.


(Guest)

2013 and one who has already paid a sum of 30 lacs and after being duped of the money paid still thinking of paying money for EMI.


Fake query perhaps.


Or born dumb fella.


Please do hire a good lawyer or you can contact me as well.




Tajobsindia (Senior Partner )     22 May 2013

1.    Inform the forum which city you are writing to us.

2.    You badly need to hire a seasoned advocate whom one can find via reference and set the litigation clock in right path.

3.    Read at leisure most recent ruling from Mumbai HC which infact almost all Hon’ble HC’s have said the same in similar facts r/w with yours;
https://www.lawyersclubindia.com/reader/frame.asp?rss_item_id=1581

4.    She can be evicted from property as she is its ‘ostensible’ owner of the property and for the same you need to pay attention to para 2 sooner than later instead of being dependent on this forum replies and several citations to such effect are there in reference to family laws.

5.    You may RTI to your Bankers to give you reference DD’s encashment trail true copies which are enough to nail your wife under perjury the moment she denies in her written statement to now your contested divorce which was NOT needed to file provided earlier you could have paid attention to para 2.

[Last reply]

Lavneet Singh (Software Design Engineer)     28 June 2013

Dear Experts,

Based on advice of experts in this forum, I've stopped paying the EMIs of the home loan.

Now the bank people are after me. I explained them the situation and they say that no matter what, they are going to proceed with filing case against me US 138 NI Act. And, the person from the bank hinted that it would be a NBW against me and imprisonment !

Please advice how I can avoid getting imprisoned due to default on EMIs. I already told them to sell the property as per their procedure.

Regards,

Lavneet

Reformist !!! (Other)     28 June 2013

@Lavneet---> What the bank people said when u asked them to sell off your house ?? You can even write a letter for your records to sell off your house as you are not able to pay the EMIs. And pls check ur PM.

Lavneet Singh (Software Design Engineer)     12 February 2014

Dear sir,

After I stopped the EMI, my wife has filed DV and 498a (along with 494 & 506) cases against me.

As I mentioned above, I gave her around 30 Lakhs, but she denied getting any money from me. I proved her lie in DV case by producing the sale deed of the flat which has payment details of 18 Lakhs in her name. The DV case judge scolded her saying "how dare you lie in his court, after getting lakhs of rupees, you are saying you got nothing".

Now, my questions to respected experts are as follows:

1. Both 498a and the DV cases are filed after ~3 years of separation. Are these petitions maintainable? Shall I file petitions in high court to quash the cases, specially after her lie is proven?

2. If DV case goes in my favor, does it help my divorce case that I have filed against her around 2 years back?

3. I want to file a case for custody of my son. He is 6+ years now. On what grounds and under what section can this be filed.

4. Can I file any other case (like perjury?) for lying in the court?

Respectfully,

Lavneet

Reformist !!! (Other)     12 February 2014

As I mentioned above, I gave her around 30 Lakhs, but she denied getting any money from me. I proved her lie in DV case by producing the sale deed of the flat which has payment details of 18 Lakhs in her name. The DV case judge scolded her saying "how dare you lie in his court, after getting lakhs of rupees, you are saying you got nothing".

 

>>>>>> Try to get this recorded in judgment that she has been given flat + money.... by the hon'ble judge.

 

Now, my questions to respected experts are as follows:

1. Both 498a and the DV cases are filed after ~3 years of separation. Are these petitions maintainable? Shall I file petitions in high court to quash the cases, specially after her lie is proven?

>>> Quash happens on legal grounds and not on the basis of merits, as judges are not interested in merits and in Punjab and Haryana HC, they never listen to merits.

 

2. If DV case goes in my favor, does it help my divorce case that I have filed against her around 2 years back?

>>> Yes, if DV goes in your favor then its a mental cruelty on you. It will help u as you have already given her huge amount, so may be more alimony will not be granted to her.

 

3. I want to file a case for custody of my son. He is 6+ years now. On what grounds and under what section can this be filed.

>>> file custody of ur son under GWA Act. U will surely get the visitation rights/

 

4. Can I file any other case (like perjury?) for lying in the court?'

>>> Yes u can file 340 CrPC in your DV case and 182 in 498A when she lies on oath or in cross examination.

 

 

Respectfully,

Lavneet

 

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