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goldsurfer (abcd)     27 May 2012

Creating liabilities to reduce the alimony

Background; Married for 3 years having a 2 year old daughter. Myself salaried professional working in software company, wife is a doctor having her own practice operating through a rented clinic. Extremely egositic, self centred and aggressive personality who is also a complusive liart. She is living with her parents since 19 months now. all mediations efforts have failed. She makes a show of wanting to make marriage work but reality is otherwise, daughrter is with her. I live with my aged parents and grandmother.

Tried MCD, but she is asking for outrageous sum of money to the tune of 3-4 crores. I offered her 40 lakhs, but she is refusing. Saying either give me my expected sum of money or fight the case in court.

 

Question:

1. What economic precautions to take before filing the petition. I have already transfered the flat to my father and now he is the sole owner of it. There is no other asset in my name except stocks/debentures and savings in bank to tune of 15-20 lakhs.

2. My salary is in excess of  4 lakhs per month, which is recorded in FORM 16 by employer and monthly salary slip, while her income which is as good as mine is in 100% cash. This is creating a huge stress since my income is disclosed, but her entire income is undisclosed and the tax returns are filed for a minimal sum of 3-4 lakh, while her monthly income is minimum 2-2.5 lakh rupees in hard cash in clinical practice, referal fees from pathology labs and surgery references.

3. How do i increase my liabilities to show "huge monthly expenditure"???. 

4. My company is willing to give me a loan of 24-25 lakhs-and deduct  2 lakhs from my monthly salary. Can i use that loan to start a partnership firm and then show loss in in that firm??? If yes then how do i structure it???

5. What other sort of liabilites i can create in next 1 week??? I am planning to file in end june.

6. Any other ideas to increase liabilites, increase expenses and show reduced salary income???

 



Learning

 20 Replies

Ranee....... (NA)     27 May 2012

I want to know.

Shantanu Wavhal (Worker)     27 May 2012

if wife is not ready for divorce, contested divorce will take eons together.

settle the matter amicably, 

go for MCD.

Sreenath (Engineer)     28 May 2012

Convert all your money in bank to gold coins which is easy to hide.
Resign from job and find another job after your divorce case is cleared.

goldsurfer (abcd)     28 May 2012

@ Amit-i appreciate the thought-but MCD is not happening becasue what she is asking is beyond my capacity. Have tried MCD but she is not willing to budge from her demand level.

 

@ sreenath-cannot resign from job in current environment where there are 100 applicants for 1 job, becasue if i resign i dont know when andwhat sort of job i will get. I have worked day and night, studied hard, to attian this position, throwing it all away especially in recessionary conditions is not possible for me

I want to stay on job and fight her, why shoud she and her parents be allowed to enjoy on my mney when they have given me and my family nothing but untold misery and suffering.

Shantanu Wavhal (Worker)     28 May 2012

Great Laws !

Great Sufferings !


What would this all lead to !!

goldsurfer (abcd)     28 May 2012

MY parents worked hard, skipping their needs to give me education. They didnt take vacations, wear good clothes,i remember my dad getting his chappals repaaired again and again so he not buy a new one, and i can wear shoes to school. They mus thave not seen a movie or gone to resturant, so that i can be wear good lcothes on festivals.

@ Amit

I studies hard in school, college-and frankly speaking turned back to all the so called carefree goldden days of youth-becasue life did not give me anything on platter what others got as basics.

I qworked hard on job, doing multiple shifts till i reached a senior position. I delayed the marriage so i could give the best to the girl and the future child.

But along comes this educated earning unethical girl and ruins our life. My hale and hearty aged parents who basking in the happiness of current days are now insomniacs and streseed out blood pressure and other ailments due to all the stress and axienty. They are living under the constant fear of what the educated and earning wife will do in garb of abla nari. My personal life has gone for a toss badly that there are no words to describing the suffering i have mentally for living through this torture, with no immediate end in sight

The b*tch and her family want to live on our money at their terms.

Shantanu Wavhal (Worker)     29 May 2012

its a long battle.

patience is the key point.

pass the initial heat.

let her throw false allegations now, but later, its herself, who has to prove with evidence in court.


same thing is happening in many more homes too.


join SIFF.

visit www.498a.org

Anjuru Chandra Sekhar (Advocate )     29 May 2012

Fight your case in court.  I don't think she has any big case against you.  As 19 months have elapsed, the possibility of court accepting any allegations relating to criminal chrages are bleak.  So only problem would be maintenance.  But as she herself is a Doctor, I don't think she has any big case against you to make in court of law.  You need not take extra precautions to show greater expenses because court only takes Income into consideration not expenses unless the expenses relate to dire need of meeting any ailing patients in the family which the court cannot take away from you and give it for her pleasures.

 

It is true courts have ordered many a time that the maintenance relating to spouse should commensurate the standard of living that she used to enjoy when she is with her husband.  But after achieving a certain level of financial status it becomes meaningless because she will not purchase and keep two refrigerators at home or one refrigerator per room or purchase two more cars for her personal use instead of being satisfied with only one, if you pay Rs. 1.00 lac per month as maintenance.   The concept of wife status being commensurate with the status of husband is only to the extent that if a husband is enjoying a refrigerator and airconditioner and wife is not enjoying, she should be able to buy them.  That does not mean if a husband is able to throw 5 parties per month in a Star hotel, the wife too should be able to throw 5 parties per month in a star hotel. 

manish (cdsdfasd sdf)     30 May 2012

@goldsurfer,

fear is your biggest enemy. I know because i used to live in that fear and now i feel free when i took the fear headon. Yes you will get cases, we all have old parents at home and yes there is initial suffering. But you neeed to fight back and fight back with a vengeance. Let her start the cases.

she is highly educated and i guess her salary would be great too. She seems a gold digger but its nithing new - any woman who goes on this path - thats their only aim knowing well that their biggest protection is their abla naari image. leaving a job is impractical but even if you end up paying maintenance, you will have to pay only for your kid. My suggestion - send some small amount to your child regularly out of your own free will. This will help in child visitation once you reach court.

goldsurfer (abcd)     30 May 2012

 

I would be filing the petiton u/s 13(1)(a) of HMA in end of june-becasue she is not gonna file the contested petiton for following reasons;

 

1. She wants to project she wants to come back

 

2. She already has the child with her

 

3.She is okay with delay in the closure of this case since as such is earning handsomely so she is financially not in dire straits (which in many cases is a complusion to file MCD so lumpsum one time alimony can be received by girls)

 

4. She has very clearly said-give me either 3-4 crore or i will waste your years in court-use your money to pay my lawyers to fight case against you.

 

5. Its nearly 20 months now that we have been staying separately-she with her parents and me with my parents. In all this months on smses she makes a show of wanting to come back, but whenver reconcialition meetings have been held she has put such unreasonable conditions to coming back, that no man in senses woudl agree to even 1 of them. Basically she doesnt want to come abck, but she makes a show of wanting to come back so i cannot claim desertion.

 

 

@ manish

She has her independent practice where all her income is in cash. Her last income tax return was filed showing an nanula income of 3.8 lakhs, while in reality her monthly income is minimum 2-2.5 lakhs.

Frankly i want to give money for my child, but at this stage i am not understanding any concrete beneifts of sending money every month for the child-please enlighten

 

 

@chandrashekar

It would be great if you can suggest some judgements/citations supporting your statements-that would be extremely helpful in courts

 

 

@ranee

From your this and previous posts it seems this forum is a entertainment platform for you. Request you not to rub salt on wounds, so if you are a person who doesn't help, atleast do not rub it in for your sadistic pleasure. I am not a judgemental person but it seems you have been screwed so badly in life that you have become a huge cynic and now get sadistic pleasure in pain of others. PLEASE DESIST

Ranee....... (NA)     30 May 2012

Originally posted by :goldsurfer
"
@ranee

From your this and previous posts it seems this forum is a entertainment platform for you. Request you not to rub salt on wounds, so if you are a person who doesn't help, atleast do not rub it in for your sadistic pleasure. I am not a judgemental person but it seems you have been screwed so badly in life that you have become a huge cynic and now get sadistic pleasure in pain of others. PLEASE DESIST
"

what previous post you are talking about.I dont know you are studying me !YOu have have some problem in your thinking.I wanted to know what you asked in your query.what's wrong in it?

Be cool .   dont be so frustrated...as this will not solve your problem.

Tajobsindia (Senior Partner )     31 May 2012

@ Author


1. I will buy Chandrasekhar's first paragraph suggestion.
2. Have you consulted an advocate? It seems you have not consulted a good one!
3. I see "attachment" more in your query which is resulting into clouding your brain and denying / mustering courage to go for it! However like you said in June you will file so file and test her limits.


I do agree unless there is a demand for maint. a spouse in given facts situation is not required to send money for child / wife. But many do so to keep themselves in good books before Law which is also not bad a persuasion.


After self achieving a status in life you have nothing more to loose except fear of loosing your status which is why I used word “attachment”.


But I must say your income is looking quite tasty on material records whereas her income is guess work which can very well be brought as material records by few tricks such as RTI / Judgment of other HC's (say Hegde’s case is good pointer) on such status spouse cases as well as to the point persuasive arguments in Court of Law.  You need a good standing Lawyer who contest cases for husbands and do invest finding one first with that kind of hard earned pay packet.


Also note two pointers;

A. do not delay the case single day as it will cost you socially more.
B. Delhi’s trial Court is not a good Jurisdiction for you in current standing Order on such cases from Delhi HC (BTW are you planning to opt for
Delhi as case jurisdiction kya!)


Now to your questions;

1. What economic precautions to take before filing the petition. I have already transfered the flat to my father and now he is the sole owner of it. There is no other asset in my name except stocks/debentures and savings in bank to tune of 15-20 lakhs.
Take:
That is a good precaution already taken. Dispose Stock / Debentures before case on floor of Court and gift to relatives (closest) by meeting scheduled taxes. Reduce saving bank deposits to 1/5th.

2. My salary is in excess of 4 lakhs per month, which is recorded in FORM 16 by employer and monthly salary slip, while her income which is as good as mine is in 100% cash. This is creating a huge stress since my income is disclosed, but her entire income is undisclosed and the tax returns are filed for a minimal sum of 3-4 lakh, while her monthly income is minimum 2-2.5 lakh rupees in hard cash in clinical practice, referal fees from pathology labs and surgery references.
Take:
Get yourself demoted / change Department citing study / family needs for a year or two based on less salary by having open discussion on gender biased Laws with HR / Boss as quickly as possible before case on floor of Court.

3. How do i increase my liabilities to show "huge monthly expenditure"???. 
Take: Since you donot wish to leave Job then the only option is demotion for time being which if correctly pressured will not be that difficult.



4. My company is willing to give me a loan of 24-25 lakhs-and deduct  2 lakhs from my monthly salary. Can i use that loan to start a partnership firm and then show loss in in that firm??? If yes then how do i structure it???
Take: No that is not the right legal way as no company will do that ! bets is to give your best persuation on demotion and then take loan for studies (there are so many overseas legitimate course with high fees which will balance to some extent liabilities yet retaining your job which is hard to get in today’s corporate scenarios)



5. What other sort of liabilites i can create in next 1 week??? I am planning to file in end june.
Take: Do not rush and show eagerness to get badge of divorcee under given circumstances. Try your best on above first. Show some results and then let us talk on balance of liabilities. Plus invest time and energy in finding a good Advocate simultaneously.

6. Any other ideas to increase liabilites, increase expenses and show reduced salary income???

Take: Only way is to become student and as per SC to various HC Judgments a student husband is not supposed to meet maint. to wife. But your is a typical “attachments” case scenario so I don’t wish to invest my time on “How to become debit man in marriage” lecture right now.


[Unfortunately If I were you and had I faced such situation today in your place I would have first changed my screen user name and then would have resigned before much before filing divorce case feeling secure that I did made good money out of my tough past and did lot for my immediate near and dear once all these days and would have become student (learning new skill sets) and would have given taste of medicine to her with one single aim to get divorce with least damage at the end and would have felt happy with getting visitation only at the end of two years lime line that I would have put on this type of factual; start to finish query and would have come out with new skill set to restart fresh in life leaving marital past behind me. But then this is my Chamber advise may not be every once cuppa tea in today’s “attachment” world……]

1 Like

(Guest)

What one's status has to do if his family life is in trouble?

manish (cdsdfasd sdf)     31 May 2012

@goldsurfer,

i asked you to send some maintenance to your child so that tomorrow when u go to court, you will look like a father who cares.  This might be one solid reason to get child visitation. it will show that u didnt abandon your child. If you arent interested in your child due to your wife and her brainswashings, then its a different story all together.. I do truly believe that its not the child's fault and she should not eb denied your love..

Your wife seems to be a loudmouth and if i am not mistaken born and brought up in one of the metros - maybe Delhi. Its typical of delhi based girls to be loudmouths who feel they can do anything but that overconfidence is their biggest enemy. They will trip and fall when their lies start getting scrutinised in court. Moreover she is a doctor - she isnt going to get any maintenance from you. She is highly qualified.

Yes your salary is very high - try to follow what Tajobs says. Why cant you discuss with your HR to give you a portion of salary in cash component too which is not shown in records - I havent done it but then I dont have the kind of salary you have.. lol

Also she might ask for residence in her matrimonial house thats the house she stayed when she was married to you under the DV act. So be aware of that. Also try to join groups like save india foundation and meet like minded people..

i like your comment about one particular person and yes you got your comment spot on.. :)

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