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Ravi (a)     08 August 2017

Marriage settlement

we asked for settlement with the opposite party and my lawer told the same to the opposite lawyer. the opposite lawer is very senior advocate and seems like the opposte party is planning to have a monthly income thru CRPC125 maintenance award in the entire life. they are ok if their daughter remains single throughout lifeterm. Because i belong IT industry and fat salary, they are expecting huge maintenance in the  case monthly so that they can survive. 

They are thinking awfully to damage my life & career and not agreeing to full & final settlement.

Please guide me what i have to do at this stage.



Learning

 8 Replies

Siddharth Srivastava (Advocate)     08 August 2017

Consult your lawyer. Wife and children are entitled to maintenance and are also entitled to live in accordance with your status. This query has already been replied so do not post the same query again and again. 

Nitish Banka (lawyer)     08 August 2017

there are judgements if wife is professionally qualified she is not entitled for maintainence and if she has deserted you without any cause then also so discuss your case further.

Regards,

Adv. Nitish Banka

9891549997

Adv Radhika Mehta (Advocate)     09 August 2017

In the absence of willingness on part of your wife to agree for a settlement, you have no option but to continue with the litigation.

Collect proof of her income and ensure that there is not much fluctuation in your bank accounts. Be prepared with the list of your expenses and dependents.  

Ravi (a)     09 August 2017

thank you.

1. i have RTI reply of her past job

2. photos of the current job

3. she also accepted in 498a/divorce cross that she was working on contract basis before marriage but concealed in sec24HMA

4. i also have letters of few companies inviting her to join as intern with a stipend value. these are the dates before our marriage. are these applicable and admissible in my evidence?

5. i also have few documents like HALL tickets to various banks/government agencies. this clearly convinces everybody she was capable of earning. But not sure if the magistrate gets convinced.

 

moreover, the opposite lawyer is a senior advocate who can influence judges, magistrates. that's what i am scared of.

Rishi kumar   09 August 2017

The only way to give a lesser maintenance to your estranged witch is to show your fat salary as thin. Courts do not accept if you say your salary is thin or even if you say you lost your job. Quickly find out if by any chance you can really show a pay slip with a thin salary. Nothing else is going to work. Not even your expenses or dependants or loans. Try if you can do that legally. I don't think judges are favouring anyone. He does not know or can't find out who is the biggest liar. So he depends upon proof to do his job. Produce documents to the court. Even witnesses are useless. 

Ravi (a)     09 August 2017

Ok. How is this possible in corporate world?

Siddharth Srivastava (Advocate)     09 August 2017

Yes stated documents are relevant. Support them by statement of bank account of your wife. Do you have details of her expenditures, life style etc? consult is person. Siddharth 9811776422

Siddharth Srivastava (Advocate)     09 August 2017

Yes stated documents are relevant. Support them by statement of bank account of your wife. Do you have details of her expenditures, life style etc? consult is person. Siddharth 9811776422

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