Divorce & alimony

Guest (Querist) 19 September 2016 This query is : Resolved
I have a kid and my husband applied for divorce.

I don't want to give divorce as i feel that we both have no right to deprive my kid from either of the parent's effection.. I lost in the mediation as he is so stubborn and now the case is going to court.

I left my job as i have to pay the loan of my husband and he is not at all feeling the responsibility and the break is effecting my career badly. My parents are taking care of my kid and financially my condition is very bad that i am struggling to pay the lawyer fees.

Can someone suggest me how would it be if i hire a lawyer from District Legal Services Authority in Bangalore ?

I am forced now to compel him to get the rights my kid deserve and alimony. His income is good but is not fixed and i cannot show any proof for his income..

Suggestions please :(

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Ms.Usha Kapoor (Expert) 19 September 2016
Dear Client,

You made the foolish thing of leaving your job. so now you are in mental and financial distress. Your kid and you'd get permanent alimony under Section 25 of HMA. !/3rd of your salary of your husband you'd get towards your permanent alimony/maintenance. You can paray fo r return o fdowry an dStridhan from your husband.The child's custody and Guardianship remains with you until the child is 5 years old. Afterwards if your husband files guardianship and child custody proceedings taking welfare of the child as the paramount consideration the court would declare guardianship and child custody. It could be you o your husband and., After the child completes 5 years f age father is th e natural guardian.Go for mutual consent divorce if you are not compatible.Within 6 months you'd get divorce.

Raj Kumar Makkad (Expert) 19 September 2016
You should avail free legal aid as desired. Your kid is entitled to get regular maintenance allowance from his father through you. File the petition accordingly.

Kumar Doab (Expert) 19 September 2016
How and why are you forced to pay his loan?

Rajendra K Goyal (Expert) 19 September 2016
Produce his income tax return, if he is not having regular income.

Claim maintenance for your child.

Guest (Querist) 19 September 2016
Hi Usha Kapoor,

Thanks for the informtion and your valuable suggestions..

Guest (Querist) 19 September 2016
Hi Raj Kumar Makkad,

Thanks for the suggestions.

Guest (Querist) 19 September 2016
Hi Kumar Doab,

When we were together i took a loan to buy land from 2 banks. But when we went to lawyer opinion, it was SC/ST land and so we dropped. He gave the money to his friend's friend for interest which we never got back. So i paid 17,000 INR per month for nearly 2 1/2 years. When i left job he paid for some time and now we are not staying together. Bank people call me for final settlement (1 lakh pending) as the loan is taken in my name and my husband wants me to sign on divorce if he pays the remaining loan amount.

Kumar Doab (Expert) 19 September 2016
If it is a joint loan then he should pay.

You can benefit from advise of experts.

Guest (Querist) 19 September 2016
Hi Rajendra K Goyal,

He does not file any IT returns as he is working in Real Estate cotracts.. How to go about this ?

Guest (Querist) 19 September 2016
@Kumar Doab, Its not a joint loan as he does'nt have fixed income and the loan is taken in my name..

Kumar Doab (Expert) 19 September 2016
From bank's perspective; Unfortunately the loan is to be paid by you.

Your own counsel can advise you on how to proceed in your matter.

Discuss with Legal Aid center.

Guest (Querist) 19 September 2016
@Kumar Doab, Legal Aid center ??

Kumar Doab (Expert) 19 September 2016
District Legal Services Authority in Bangalore; as asked by you and already advised by Expert Mr.Makkad.

Guest (Querist) 19 September 2016
Ok.. Thanks

Rajendra K Goyal (Expert) 19 September 2016
If he is not filing Income Tax returns, it would be difficult to prove his income and fix maintenance accordingly.

Guest (Querist) 19 September 2016
@Rajendra K Goyal, Still his responsibility remains the same..

Rajendra K Goyal (Expert) 20 September 2016
Yes, he has to pay maintenance even if you fail to prove his income. Quantum may be effected.

Dr J C Vashista (Expert) 20 September 2016
@ ABCDEFGNOT,
You are, prima facie smart enough to extract legal advise from experts on this platform despite the fact you have adopted name as "ABCDEFGNOT", which is generally not given in Indian society.
Such activities have disturbed your matrimonial life as well.
Seek help from Karnataka Legal Services Authorities to provide a lawyer to file/slap /contest court case(s) on your husband.
However, the child shall be given/allowed maintenance by your husband till he attains majority (if the kid is a boy) or married (if she is a girl) and you will have to arrange for yourself.

Guest (Expert) 20 September 2016
ABCDEFGNOT BUT up to XYZ also,

Being oversmart some times cost dearly. You should not have expected appropriate advice with your fabricated and pseudonimous name.

Further, on one hand you say the loan was in your name, while on the other, you say, "I left my job as i have to pay the loan of my husband." That part of your statement seems to be unreal part of your story.

A question arises, you may continue with or leave the job, when the loan is in your name, lianility to repay becomes due on you only. You can't ignore repayment merely by leaving job.

Guest (Expert) 20 September 2016
Further, you want alimony for your kid, but you seem to have left your husband voluntarily, you don't want divorce also, as against his wishes. You must understand, everything can't go according to your sweet will.

If you have made your kid to leave his father by your voluntary desertion of your husband, you should also voluntarily bear the expenses of upbringing your kid, if you don't want divorce.

Better take mutual divorce, if you want maintenance for your kid and even for yourself.

Kumar Doab (Expert) 20 September 2016
The thread is properly and thoroughly concluded by seniors and experts.

You can benefit from the advise of experts.

Guest (Querist) 20 September 2016
Thanks Rajendra K Goyal

Guest (Querist) 20 September 2016
@ Dr J C Vashista.. Thank you sir for your valuable suggestions..

I would not have been here if i am smart enough and since it is a public forum i did'nt mention my name..
Its not correct to conclude "Such activities have disturbed your matrimonial life as well." without any hint of my marriage life ???

Guest (Querist) 20 September 2016
@P. S. DHINGRA.. Since it is a public forum i did'nt disclose my details..
If you don't advice without name, that's OK but please go through the mail train properly before saying anything..

Guest (Querist) 20 September 2016
@ Kumar Doab.. Sorry to say that it was not properly and thoroughly concluded by seniors and experts.

Guest (Querist) 20 September 2016
@P. S. DHINGRA.. I never said that i left my husband voluntarily.
You are an expert.. Please don't guess and advice..
Anyways.. Thanks for your suggestion..

Guest (Expert) 20 September 2016
Ms. ABCDEFGNOT,

Only yesterday, in your reply to the query of Shri Kumar Doab, you stated, "now we are not staying together."

OK, if you have not left voluntarily, how that separation could happen? Questiona arises, whether your husband forced you to leave. If that be, you have not given background facts appropriately.

Still further, you stated, "My parents are taking care of my kid." Questiona arises, whether your husband forced your kid to leave his house or forced your parents to take his care? If that be, again you have not given background facts appropriately.

So, when you are not ready to share even the most basic facts, for cleance of your doubts, better ask your own lawyer, who has already been hired by you, as revealed from your own statement, "I lost in the mediation as he is so stubborn and now the case is going to court." Question arises, what kind of his stubbornness on his part, but you lost due to his stubbornness? That way also, you have not shared basic facts of the case for your loss of the mediation case. You may have to remember, in married life, compromises are a must, not stubbornness of the part of anyone, may be yours or your husband. You have not given any hint about the nature of stubbornness on the part of your husband, while insistence for maintenance/ alimony without divorce gives vent to some indication about your own stubbornness, not being willing to patch up with your husband.

Anyway, your statements do not seem to be appealing for your maintenance/alimony case.

However, if not yet hired, better hire a capable lawyer, discuss your case threadbare with him, who will help you file a case for maintenance or alimony, if you can justify your claim without being ready to get divorce.

Best of luck!!!!!

Guest (Querist) 20 September 2016
@P. S. DHINGRA.. not staying together does'nt mean leaving husband voluntarily. I think you are an expert and no need to explain..
Who said i'm not ready to share basic facts ? i have posted my query and if you need further details you should come back to me but not create your own story. I can't post my whole story in a single Query.
Kumar Doab asked me about the loan then i explained him what happened..
I said my husband wants to give divorce and i lost in mediation as he is so stubborn.
Why mediation happens ? When i say i lost in mediation it means that he wants divorce after mediation also
My next step would be Alimony right. It does'nt mean that i am stubborn..
Anyways.. Thanks for your suggestions and wish.

Guest (Expert) 20 September 2016
Ms. ABCDEFGNOT,

You have already admitted in reply to the post of Dr. JC Vashist, as "I would not have been here if i am smart enough." But, if you are smart enough, you should have been stated the basic necessary facts instead of expecting the experts to question you on the deficiency of your varied statements.

Further, if "not staying together does'nt mean leaving husband voluntarily,' is there any specific reason that even on asking you have not replied my questions, "whether your husband forced you to leave," and "whether your husband forced your kid to leave his house or forced your parents to take his care"?

Anyway, I have already advised you to discuss the problem threadbare with your own lawyer, instead of expecting a long queue of questions from experts inviting smart answers from you.

Guest (Querist) 20 September 2016
@P.S.DHINGRA.. I replied to Dr. JC Vashist in a different context..

I did'nt feel its worth sharing details as you are not understanding neither the Query nor the context.. I got 'n' no. of answers for the same Query that i have posted here. Only for you my Query does'nt have basic necessary facts..

Please stop the mail train here as it is Expert's section not Argument section..

Guest (Expert) 21 September 2016
Ms. ABCDEFGHNOT with XYZ,

Your problem is, you can't satisfy my queries for basic facts, which you actually don't have. Otherwise what was the problem for you in replying my queries, "whether your husband forced you to leave," and "whether your husband forced your kid to leave his house or forced your parents to take his care"?

Only hypothetical queries don't have any story related facts. Only that exposes you or makes you insecure.

So, I advise you to run your own mail train before your own lawyer, who may understand you and your case.

Evem otherwise also, I have already advised you "to discuss the problem threadbare with your own lawyer" and get alomony from your husband through court of law and get him punished for his stubbornness.

Best of luck!!!!!

Dr J C Vashista (Expert) 21 September 2016
Further stretching this thread shall be waste of time and useless efforts of professionals who are already hard pressed with their valuable time and intellectual proprietary.

Please close this thread and the author should consult a local prudent lawyer for further guidance and appropriate proceedings, she has adequately been advised by the experts on this platform.

Kumar Doab (Expert) 21 September 2016
Author wants to approach District Legal Services Authority in Bangalore; as alrady asked............ and already advised by Expert Mr.Makkad.

Guest (Querist) 21 September 2016
Oh God ! It does'nt make any sense to run the meaningless mail train before the lawyer and definitely i will put my Query ..

As a professional I feel that its waste of my time too and don't want to put any useless efforts explaining irrelevant things..

Finally thanks to all experts for their valuable suggestions..

I request the admin to close this thread as i did'nt find any option to close and i wish not to recieve any more suggestios..

Guest (Expert) 21 September 2016
It seems, you have very well realised the continuous break down of your artificial mail train, as failed to take off.

Guest (Querist) 21 September 2016
I doubt you are an expert never understand what is said.. God save your clients..
mail train here is meaningless discussion..

Guest (Expert) 21 September 2016
My clients have full faith on me. Once a person becomes my client, he never tries to go to some one else.

Now only you have to make a review of your position, how far you have been sincere and truthful to the experts here? Only you tried to shoot off your mail train without any fuel in that. Smartness is not the substitute of fuel or poser, Where fuel or power is absolutely necessary to run your mail train.

Guest (Querist) 21 September 2016
Check all experts answers especially Mr. Raj Makkad, Ms. Usha Kapoor, Mr. Rajendra K Goyal & Mr. Kumar Doab straight to the point without any side traking. They answered to the same Query.. Thank you all experts.

Guest (Expert) 21 September 2016
I need not check others answers. The reality is, I don't prefer to hold tutorials for vague, hypothetical or academic queries. I provide solution sincerely when I get satisfied about the intentions and sincerity of the querist, provided he/she don't try to be oversmart.

Guest (Querist) 21 September 2016
Good to hear that you provide solution sincerely. All the best.

Since it is a public forum i did'nt disclose my details and you started your reply with 'oversmart'. Its your point of view and not necessary to be true. My intentions were very clear and i posted my Query sincerely..

Thanks for your suggestions.

Guest (Expert) 21 September 2016
Solution should not have been expected without facts.

Your statement, "since it is a public forum i did'nt disclose my details" can be nothing except a lame excuse.

By the way, what was secret in hiding the fact about, "whether your husband forced you to leave," and "whether your husband forced your kid to leave his house or forced your parents to take his care"?

Kumar Doab (Expert) 21 September 2016
Author @ ABCDEFGNOT,

Do not entangle Mr. Raj Makkad, Ms. Usha Kapoor, Mr. Rajendra K Goyal & Mr. Kumar Doab..................

You posted query, received responses.

Next step is to approach 'District Legal Services Authority in Bangalore; as already asked............ and already advised to you...................Or any counsel of your own choice.

Guest (Querist) 21 September 2016
@Kumar Doab.. There is nothing to entangle anyone here.. My intention was to tell Mr.P.S.Dhingra that i got solutions already with the facts i have given..

I Understood my next step long back and I requested the admin also to close this thread as i don't find any option to close..

Kumar Doab (Expert) 21 September 2016
' i got solutions already'

We are indeed happy and relieved to note that.

' i don't find any option to close'

Stop posting and it shall be deemed as resolved and closed.

Guest (Querist) 21 September 2016
I am the one who started the thread and if someone replies its my responsibility to reply back.
You can tell your experts also the same and i would be happy enough to see no replies !!

Kumar Doab (Expert) 21 September 2016
Don't ask anyone from us to tell anything to anyone.

Just type in your next post that you initiated the thread and received replies, are satisfied and don't need any more replies.

Do not entangle Mr. Raj Makkad, Ms. Usha Kapoor, Mr. Rajendra K Goyal & Mr. Kumar Doab..................

You posted query, received responses.

Post your gratitude and close.

Guest (Querist) 21 September 2016
"i wish not to recieve any more suggestios.." This was my message long back.

What can i do if Experts reply ? If you can't tell your Experts don't tell Queriest as well..

Infact i don't want to entangle myself with any lawyer.

Kumar Doab (Expert) 21 September 2016
ALLRIGHT ON BEHALF OF EVERYONE

QUERIST @ ABCDEFGNOT.......,

MAY I REQUEST YOU TO NOT TO POST ANYMORE AND CHOOSE ANYONE OF YOUR CHOICE TO COUNSEL YOU.

NO NEED TO REPLY.

GOD BLESS.

Guest (Querist) 21 September 2016
FUNNY.. I said "If you can't tell your Experts don't tell Queriest as well.."
and you reply to that in CAPS addressing the Queriest.. Don't entangle the Experts.........

Thanks all Experts for your suggestions..

@Kumar Doab.. Please don't post again and waste my time..

Guest (Expert) 21 September 2016
You are welcome, but with your mail train dully filled with proper & sufficient fuel to run smoothly and speedily.

Kumar Doab (Expert) 21 September 2016
Instead of being thankful, you are littering nuisance and misbehaving with everyone.

Atrocious!

You are indeed FUNNY!

You have certainly wasted time and resource of each one, with your own conduct.

Now waste your time somewhere else.

Leave!

Guest (Querist) 21 September 2016
I have gratitude and thanked all the Experts.. But it does'nt mean that i should keep quiet when i'm not wrong..

Read all the messages thoroughly and talk anything "you are littering nuisance and misbehaving with everyone." You will understand who is pith of wood in a juice..

Expert's don't have time and show professionalism in every word they utter.. But i don't see it here.. Check your conduct before pointing..

If you don't have clients.. Go search and spend your time there..

Leave now..

Guest (Expert) 21 September 2016
So, you are the judge of professionalism of professional?

You have alleged your husband to be "so stubborn", but here you have unwittingly exposed your own stubbornness abundantly by persisting on your own tune.

So, if there is any truth in description of your query, now anybody can find, who could be "so stubborn."

Anyway, thanks for exposing your own hidden weakness.

Guest (Querist) 21 September 2016
If you say something it does'nt become TRUE.. Keep your opinion with you..

Its known fact that Lawyers never read the matter thoroughly which is the main problem here..

I repent that i am here.. Deleting my profile..

I don't want to waste my valuable time in such silly arguments..

I don't want to throw stone into mud anymore..

@Kumar Doab.. You keep on talking to a profile which does'nt exist and satisfy your ego till you get some client.. All the best.

GoodBye.

Guest (Expert) 21 September 2016
She has fled away, as could not run her mail train with several break downs.

Kumar Doab (Expert) 21 September 2016
Till this moment as on date I have not sought a single client from LCI.

I have not collected a single penny.

Otherwise I have no derth of persons that would like to engage me.

You are not the first one that has littered nuisance and then fled away.

This beautiful life is a gift from Lord Almighty.

Some enjoy it, some waste it.

The life in the mortal world has taught you one of the toughest lessons.

You had an issue.

Probably you have roamed in all the possible places and then learnt about the quality and dedicated efforts made by the experts at LCI.

You wasted this opportunity also due to the large ego that you suffer from.

It is loudly visible that now you will roam in other forums and waste that also, due to your own bad conduct.

You have chosen your own destiny.

I had wished you GOD BLESS.

Search for god to bless you.

Rajendra K Goyal (Expert) 22 September 2016
Kumar Doab ji,

You have expressed touching feeling, may god bless the author.

Guest (Expert) 22 September 2016
Authors of hypothetical problems/ academic exercises don't have legs to stand. They usually try to present lame excuses or hurl blames on the expert, if someone tries to make them realise their real position or worth. Out of sheer frustration, they try to hurt feelings of the experts with their provocating false blames.

Kumar Doab (Expert) 22 September 2016
LCI Experts or Forum section is not a place to vent anguish, due to the own situations and circumstances by authors/querists.

The humble and gentle and genuine authors/querists, can post their queries and benefit from sincere, and dedicated efforts of very able Experts.

Those who come just to impersonate, waste time, resources, misbehave and litter nuisance may stay away.

Rajendra K Goyal (Expert) 22 September 2016
Agree with expert Kumar Doab ji.

Divorce & alimony

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