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Ananda   26 February 2020

Joint memo

Hi,

This is a query regarding an exparte divorce and alimony (3L was granted) obtained by wife and later appealed in HC by wife claiming more alimony (25L) stating that she is unemployed. However I produced proof of wife's employment (offer letter, tax returns, employee id) judge also commented that wife filed false affidavits.

I also filed mis petition to reopen the case in family court.

After the documents were produced in HC, first lawyer argued that wife file false affidavits etc. But next day lawyer telling me to file a joint memo where she will withdraw her appeal and husband will not have to pay 3L and husband will withdraw MIS.

My question is why joint memo after proving her wrong, and what if I dont agree?Because after so much struggle husband got proof of employment so why ask for joint memo.  Can I ask for cost and damages as she falsely claimed alimony and dragged me to court. Please comment.

thank,

Ananda



Learning

 7 Replies

Ananda   27 February 2020

Any suggestions or advise?

Thanks,

A

Dr J C Vashista (Advocate)     27 February 2020

You have already engaged / paid an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case vis-a-vis your question(s) / query(ies), follow as advised if you have not lost your faith in him/ her (your lawyer) otherwise consult and engage another local prudent lawyer.

Ananda   27 February 2020

Dear Sir, You have understood my situation well, my lawyer has been good and I respect him but pressing for join application is disturbing me since every evidence  is open on the table now and our case is stronger. Only the opposite party is benefiting from joint application, there is no benefit for me.

I will think about your advise.

Thanks,

A

P. Venu (Advocate)     27 February 2020

What are the terms in the joint memo?

Ananda   02 March 2020

That we are entering into a compromise , she will not claim maintenance and I will not escalate her false affidavit and will agree to divorce. Actually she makes same as I make I have proof and she planning to marry someone. I am ok to divorce but don't want this to be a compromise, I exposed her in court that's why they want compromise. I told I will state independently that I will not challenge her divorce, nothing else.

P. Venu (Advocate)     02 March 2020

It is seldom that the Courts in country pursue matters regarding false affidavits, perjury etc. Your advocate's suggestion is practical and you sre certainly in the compromise. It would be prudent to satisfied with things that are certain than in pursuing things that are uncertain.

This is all the more so, since she was once your life-partner.

1 Like

Ananda   06 March 2020

Sir, Thank you for such a practical advice. Courts dont seem keen to pursue false affidavits etc. which gives a free hand to the abusers, especially able and working women to seek maintenance from husbands. If this is so pervasive and so obvious  and yet courts are not taking any action, then only God can do justice to millions who are losing their families in our country. I think there should be a separate legal subject in our schools to keep the children informed of our system, they wont grow up like us expecting equity and justice. They can be prepared mentally that this is our system, good or bad, take it or leave it :). Atleast it wont result in any disappointment as they would already know what to expect !


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