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superfast munnabhai (trainee)     24 October 2010

Argument of int. maintenance....Help.

Argument of int. maintenance scheduled....Help please.

 

 

I went through the topics on interim maintenance on this forum...

 

I have a query on 'procedure', as follows, in regards to my scheduled hearing for 'interim maintenance' by my wife who is a state govt. employee. We don't have kids.

 

How to challenge Wife's affidavit along with int.application?

I (and my earlier lawyer) had  filed my say and negated all the statements made by wife, but without affidavit.

 

For last two hearings, it seems wife has gone out of station for training and about to go abroad also to her brother after diwali. she wud miss the hearing.

 

This argument thing has been adjourned twice bcos of reasons given by lawyer and bcos of the 'order to produce documents' by her lawyer.

 

I want to ask questions personally in front of judge to her in regards to false statements made by her in the interim application+affidavit.

 

Unless she is present, I do not want the hearing to go ahead and unless I ask the questions about above.

 

During the last heaings, the wife's lawyer asked me to submit my last three years's tax returns and form 16s 'as notice to submit documents'. Actually her lawyer was just buying the time. I am going to give xerox of all that and I had never denied about my employment as such.

 

Also Wife has made a few mistakes in her two affidavits filed on same day. one says 'employed' and other says 'unemployed'.

 

Her statements in affidavit imply that 'It is her knowledge about the stated facts'

But she absolutey has got no proofs to prove. Those are merely statements and her own beliefs and nothing else. 

 

Unless I do disagree with her self serving testimony merely on oath, It wud risk it to go against me and hence I want her to be present for questioning by me.

 

How do I summon her formally to be present compulsarily for hearing of  her 'interim application' , as I want to ask questions to her on her affidavit and contents completely. I don't want her lawyer to answer my questions.

 

Am late to say ' I want to cross-examine my wife' on her affidavit for interim application?

 

Please help and suggest what shud I do?

 



Learning

 6 Replies

superfast munnabhai (trainee)     24 October 2010

Is it just a typing mistake? to write 'employed' in one and 'unemployed' in other affidavit.

 

How to negate/disprove mere 'statements and opinions made' on oath, by opposite party?

 

 

adv. rajeev ( rajoo ) (practicing advocate)     24 October 2010

If she has got independent income she cannot claim maintenance from the husband.  Wdhether you have appeared in the case or not yet?  If you are appeared what you were doing, you could have call the salary details from your wife's department to show that she has got independent income.  It is your fault.  File a revision petition against the order and call the doucment in that case.

superfast munnabhai (trainee)     24 October 2010

Adv. Rajoo sir,

 

I didn't understand your answer.

 

Maintenance order is not yet decided. It is scheduled for argument in the next month again.

 

I forgive her for her typing mistakes as 'unemployed' in affidavit...

 

During the next argument scheduled for interim maintenance, and all other further hearing on whole case, I want to call her as a witness and want to question her on her statements in affidavit (but she doesn't appear and her lawyer only comes for hearing)

 

I want to call her again and again as a witness to be questioned.

 

What shud I do?

 


(Guest)

u r superfast, why slowing it down . she cannot claim maintenance if employed. visit 498a.org and join siff .

aflatoon dash (health)     24 October 2010

stand on your belief and ask her also to produce copy of her passport.Visa is given to income tax assessee .

superfast munnabhai (trainee)     25 October 2010

all above comments are fine..But what about my questions posted above.

 

Plese answer to my questions. I am not getting any clues for above questions anywhere.

 


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