Required solution to end up my cases
Meena Sharma
(Querist) 12 January 2012
This query is : Resolved
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I have filed DV / 125 and 498 A against my husband. My husband is also a advocate. In DV interim order has been passed, however my husband not paying me anything and have filed an appeal against the same. My questions are: 1. In the interim application, it was mentioned that i m jobless, however i m working at present. What can be consequences for the same. Do i have to give an application to declare that i m working. My husband now wants to file a separate case against this false statement. Pls suggest what should i do as my dv case is at argument stage. 2. My husband is not paying me anything, even though order was passed 1 yr back and appeal was filed at the same time however no stay has granted yet. Is there any way the stay can be stopped as anyways he is not paying me anything and being a lawyer giving many excuses which are getting accepted. Pls suggest. 3. Appeal has been filed against the interim order. Can the court put a stay on the final order till the appeal order is pending. 4. I want to file a divorce case too, but my husband is not ready for the same and taking every step to delay all the matters and filing many false cases against me and my family. I stay in Mumbai whereas he is in Delhi and all the cases are filed in Delhi by him, what should i do, not possible for me to go there every now and then. 4. He is not paying anything even for a child. Though i m working its becoming impossible for me to maintain myself and my son, what should i do to keep the interim order as it is.
I have declared abt my job everywhere, and want to do the same in dv and 125 too, however my lawyer is not supporting me and not ready for the same.
For delaying the matter, my husband and his advocate misses many dates and after that just submit a application that they were sick and even after argements no step has been taken. almost 3 yrs have gone.
I have filed cases first in mumbai in feb and mar 09, and all the false complaints like in 156(3) and sec 9 has been filed by my husband in oct 10, and mentally harrassing me and my family.
Pls advise what shuld i do.
Shonee Kapoor
(Expert) 12 January 2012
1. If no stay is granted, you can file execution.
2. If you were not employed at the time of filing of application, no case of false statement is made out against you.
3. However, if you are working now, you should declare the same in court, in that case the maintenance amount can be varied.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 12 January 2012
1. Since your husband has not filed petition for perjury as yet, do bring the true facts before the court.
2.Do file a execution in the same case or by way pf separate execution case.
3. Yes but if any interim order is there then stay would be conditional on payment of some of the interim amount.
4.You can file divorce case in your place at Mumbai itself , no need to do in Delhi.
5.Insist on interim maintenance. You can file petition u/s 125 crpc wherein you can also claim interim maintenance.
Quashing is an option against the false cases.
Raj Kumar Makkad
(Expert) 13 January 2012
I have similar opinion in consonance with learned experts.
Advocate Rajkumarlaxman
(Expert) 13 January 2012
Agreeing to experts the best you can do is move the highcourt for the harassment he is doing against you. The same may come before Hon'ble Khanwilkar's Bench who has given best verdict in these of cases. as you are from mumbai you know it very well then. File for execution as said and state you facts of jobs and disclose the same before he moves for perjury
Advocate Rajkumarlaxman
(Expert) 13 January 2012
If you need any assitance then do call and give details i would surely help you out as i have dealt with these cases at Andheri and Borivalli. my cell no. is 9146259966/9167004496
Deepak Nair
(Expert) 13 January 2012
I too endorse the views of Mr.Kapoor and Mr.Barman.
Meena Sharma
(Querist) 13 January 2012
I thank u all for all ur valuable suggestions, finally i got the solution which i was actually looking out for, if would be needing more suggestions or advice, will get in touch. This is a other fact that i am losing my beliefs from law and know very well that its very difficult to get justice and people end up their lives to get justice. however trying my level hard for it.
V R SHROFF
(Expert) 14 January 2012
Meena,
Both of you are educated and earning.
Also knows the consequences of Litigation.
Bitterness should never continue, it harms wealth, health, and Peace of mind.
BUY PEACE
BUY SWEETNESS
Now that your title is “SOLUTION TO END UP MY CASES"
My Dear Colleague along with yourself, speaking language of Agitating further, and create more Litigations, INSTEAD OF PROVIDING ANY SOLUTION TO YOU TO END CASES.
Your Husband is Practicing Advocate, and well versed with Laws. It will add Petrol to fire. You Can’t get Solution To End Up your Cases, this way.
Let me know “finally i got the solution which i was actually looking out for, “ what solution u got? What is your next line of action?
I think you did not find a solution, you found more problem s.
I may differ with all these, but think it over, what you got?? Is it “SOLUTION TO END UP MY CASES" or more litigations??
We may have better alternatives.
Adv Shroff
14-01-2012
Mumbai.
Meena Sharma
(Querist) 14 January 2012
Thank u Mr. Shroff. I know this fight will lead no where, and my husband being a lawyer knows how to kill the valuable time and harass everyone. But just because he is a lawyer, should i give up against the crime which he has done or he is doing and will be doing or should i fight it back. I have spoken to him, however he is not ready for settlement, as he wants to end up everything free of cost. My husband and her lawyer has given me clear warning that either i have to give up or else they will continue filing cases against me....Now i dont have sources to fight back. So if the advice is to end up, then it is always two ways, but they just want to continue with it....what shuld i do.
V R SHROFF
(Expert) 05 February 2012
I understand you have no children, and you are earning.
To END, you can file Divorce.
Monetarily, you are not likely to get anything, unless you leave your job, and then demand maintenance. It also is not a profitable exercise.
Any way, you are loosing from both the ends.
That's why compromise is best alternative.
Time is also age related, and wasting golden youth time is irrecoverable loss.
Money Vs Youth
Choice is yours.
Meena Sharma
(Querist) 05 February 2012
Sir, i have a kid of 8 yrs. And i just need end which my husband doesnt want. In the last hearing he has clearly told me, either u caom back with the child or else i will keep harrasing u by filing many more such cases. Pls tell me what shuld i do?
M/s. Y-not legal services
(Expert) 13 January 2012
