Divorce and maintenance case
Querist :
Anonymous
(Querist) 10 May 2018
This query is : Resolved
Hi,
I am seeking legal advise on maintenance and divorce cases.
Here below is brief summary of my case:-
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Currently I stay in Singapore since 2007. My Marriage was in India year 2008. I Separated from wife since June, 2013. At the time of separation, one time settlement already done in Singapore before High commission of India. She has taken her belongings(streedhan) also. I have evidences.
After settlement in July, 2013, My wife went to India. she filed divorce and maintenance cases in September 2013 on cruelty grounds. Divorce case I contested, I won. She was unable to prove cruelty.
Maintenance case still pending before the court. court granted Interim maintenance INR 15,000 (10,000 wife + 5,000 for child). Till date I have not paid anything. I am asking them to do one time settlement. I requested many times but no child details given.
She filed 498a dowry case in February 2015. I appeal quashing application in high court under section 482. Court granted my application for quashing matter.
I already tried for settlement through high court but demand for settlement was too high, even Gujarat high court also noticed the same and honorable judge wrote in oral order, 'demand for settlement too high, settlement discussion not possible'. Also mentioned,gap between settlement offer and demand for settlement is very high. Court also mentioned, It is lurking that because of suspicion nature of wife towards husband's external affairs she filled fake cases. Local police also abuse the process of law.
My query for maintenance:
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Even if I don't pay current interim maintenance and don't come to India, what's impact to me ? I have no such property or assets in India. I am currently Singapore Permanent resident but still Indian national.
She has already filed under 125(3) maintenance recovery but I have not received any notice, I can see on court website.
My wife was working 3.5 years in Singapore(May 2010 to June 2013). Also registered company under her name as director position in Singapore. I have evidences.
Currently she is working in India but I don't have evidences to prove the same. I know only she is working as school teacher in Kheda Town(Gujarat) but not sure school name and her current income record. At present, also I am not sure if she is in relationship with someone. difficult for me to collect details as I am in Singapore and her place is quite far from my city(Ahmedabad). I have no other relatives staying near to her who can give me more details about her.
In Singapore she worked I have have job salary slips, bank passbook etc. details, she is well educated too, which I submitted in maintenance case, I am not sure how much court will consider that evidences.
Also, we purchased property in Singapore under joint name in year 2012, she has 50% partnership but all down payment and EMIs I am paying, no support from wife. Currently Singapore property valuation down, almost 80 LACS INR loss. After divorce, as per Singapore law, I have to sell out current property and I won't be able to buy new property.
I highlighted in settlement to my lawyer about all these losses, and also said I will take care of entire loss and won't ask her to contribute in loss. On top of that I offer one time amount + medical insurance for child throughout her marriage. But their demand is still very high.
In Crpc 125 maintenance application, She demanded 1.5 Lacs INR per month (1 lac for her + 50k for child) maintenance which is too high. Currently pending my cross-examination and final argument stage. My cross-examination via video conference granted 6-7 months before but not sure when court will ask to attend. As of now only dates on dates.
I am not sure if I don't pay interim maintenance what's impact on final maintenance order, how to appeal and fight.
Pl. advise, what's best option to come out ? I already tried to stretch financially settle but their expectations I can't meet.
My Query on Divorce :-
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can I still file divorce in local court or high court on cruelty grounds as she left on her own freewill, no such mental or physical harassment cases against me in Singapore. Separation done already 5 years before. Also, after reaching India 2 years later, She filled false 498a and divorce cases on cruelty grounds. She didn't come back even I asked multiple times. Thank You in advance for your advice.
Best Regards,
Vijay Raj Mahajan
(Expert) 10 May 2018
Firstly you have not paid a single rupee for the interim maintenance ordered for the wife and child, so first thing is to pay the arrears and be in good books of Indian court.
Secondly keep the maintenance case u/s 125 Cr.P.C fight on merits till the final order comes in that case.
Thirdly the section 498A IPC FIR/Complaint was quashed by the High Court that by itself gives you good ground of cruelty for dissolution of marriage, so file the divorce case in the district Family Court in India (High Court is appellant court not the trail court for divorce cases). The desertion of 5 years can be there to add as another ground for divorce which court will decide on merits going through the evidence of both parties.
Rest the settlement for onetime maintenance and permanent alimony and divorce by mutual consent is best option but that seems to be real bone of contention for you with your local lawyers not coming with the settlement with other party as their own financial interest is at stake.
Querist :
Anonymous
(Querist) 10 May 2018
Dear Sir,
Thanks for your prompt reply. I agree not paying interim maintenance arrears will affect my reputation in Indian court. I wouldn't mind to start pay interim maintenance if I don't have future financial impact on property related losses. Also, for final order Judge may think I can pay more maintenance since I am already paying 15K INR. I already informed court, I am ready to take child custody.
Also, I lost my job since December 2014, since then no permanent job. Also, having old aged parents responsibilities. As of now I am managing with odd jobs and local relatives support.
I would like to know, if I still don't pay interim maintenance and don't come to India, what's impact on me while staying in Singapore ?
I understand local lawyers may not be coming with the settlement with other side due to their own financial interest and this could be reason of delay in settlement.
If I file divorce case in District Family court, Do I need to come to India or power of attorney to someone will be accepted ? Also, not paying interim maintenance will it affect on divorce petition ?
Also I would like to know, can I file any defamation or related case on my wife for filing false 498a case against me and my parents. If this option feasible, I can press them to come on one time settlement.
Best Regards,
P. Venu
(Expert) 11 May 2018
You are, I am afraid, trying so many things, that too, with the Law.
Querist :
Anonymous
(Querist) 11 May 2018
@P. Venu Sir, Am I doing something which is wrong ? I am just finding ways and trying to protect myself.
What about other side who is doing nothing other than misuse of laws.
Ms.Usha Kapoor
(Expert) 12 May 2018
If she i swell educated and gainfully employed no need for you to pay either maintenance or alimony..A Catena of Judgements are there including the Supreme court Only for your child you need to pay maintenance such as his educational expenditure in posh schools. Hts little wishes etc and his marriage expenses as well./
Guest
(Expert) 12 May 2018
@ Ms.Usha Kapoor,
When the querist has already stated that he does not have any evidence about the employment and salary of his wife and also the details of his child, what is the relevance of your advice, may she be well educated or not?
Guest
(Expert) 12 May 2018
Of course interim maintenance cannot be avoided, but that is subject to modification, if you able to bring some evidence of her gainful employment. So, far evidence is concerned, you may like to take help of some detective agency to get details of her employment and child, instead of keeping yourself in the position of uncertainty and to avoid one time hefty demand of your wife. The purpose of one time demand can possibly be to take away huge money in lump sum before making another marriage.
Ms.Usha Kapoor
(Expert) 12 May 2018
Prior to working as a teacher in India she worked in Director capacity for a company in Singapore., a Plum Job and she must be highly quali8fied.If you don't know her current salary engage a detective agency and get her pay slip and producer in court.A catena of following judgments are there if you click the link provided here.
https://www.shoneekapoor.com/maintenance-judgements/
Ms.Usha Kapoor
(Expert) 12 May 2018
There are a Catena of Judgments where a woman deserts a man without sufficient cause and if she is well educated and well paid in her job she is not entitled to any maintenance or Alimony.Click the following link. for further information on this issue.
https://www.shoneekapoor.com/maintenance-judgements/
Guest
(Expert) 12 May 2018
By the way, what happened to her company in Singapore?
Querist :
Anonymous
(Querist) 12 May 2018
@Ms. Usha Kapoor Maam,
Thanks for your reply and sharing judgement. I have her income records from 2010 to 2013(Job and Company) during the time we stayed together in Singapore which I submitted to court.
She left Singapore july 2013 and CrPC 125 she filed in september 2013.
As mentioned Mr. Jigyasu,
I don't have current income records after she reached to India and started job 1 or 2 years before.
Will court consider 5 years back her Singapore income record and her education details which I submitted to court almost 3 years before.
@Dhingra Sir,
Thanks for advise. Yes, purpose is clearly money extortion which Guj High court also observed in 498a case. After reaching India she closed Singapore based company in 1-2 years later. She was 25% partner in that company.
I tried using the option you suggested to get the wife and child details but unfortunately I dealt with untrustworthy person so couldn't get details.
Because of such kind of draconian laws, most NRIs unable to visit India and avoid to come due to fear of getting passport impound.
Also, how to ask court she is not sharing her contribution for bank loan EMIs Property we purchased as 50% partnership.
Guest
(Expert) 12 May 2018
Her past income has no relevance for her day to day maintenance for future. Her present earning capacity and income status is relevant for the purpose. If one detective agency failed, you could have chosen some other agency. Courts take cognizance of evidence only, not assumptions, presumptions, suppositions or proposals.
Rest depends upon your own wisdom and resources how and when to collect the needed evidence. To win a case, production of supporting evidence is a must. What has to be done that has to be done by you and your relatives living behind in India, not by anyone else.
Querist :
Anonymous
(Querist) 12 May 2018
@ Dhingra Sir,
Noted, Sure will put more efforts to get the details.
Querist :
Anonymous
(Querist) 22 June 2018
Noted, Thanks all for your advise.
