Misguiding the court
manik
(Querist) 11 April 2013
This query is : Resolved
Hi...my wife pressurized me to go for Mcd in may last year...it got withdrawn in both parties presence as was filed after 10 months of seperation. Now she has filed a case where she has mentioned I did not appear but the judgement copy says I appeared. I even appeared for counselling later to save the marriage. Will it help me in the court?
manik
(Querist) 11 April 2013
Mcd papers also clearly say she will not claim any istridhan, property, alimony and maintainence but now she has demanded ridiculous amount of money.
Raj Kumar Makkad
(Expert) 11 April 2013
If your wife is openly accusing you against the record then she shall also have to face its consequences like facing 340 Criminal Procedure Code.
Devajyoti Barman
(Expert) 11 April 2013
Whether you appeared or not when the case is dismissed let it be.
manik
(Querist) 11 April 2013
Dear Mr Makkad and Mr Barman, thank you for replying...can she claim such impractical alimony and maintainence when she earns more than twice of my income, lives in a lavish apartment in mumbai, her family owns three cars, her parents own property, mom a govt employee, father on pension, unmarried brother earning too, they own three cars where as I am in debt as every month I pay for the liabilities incurred during her stay with me, my parents are dependent on me and I have no savings or property
ajay sethi
(Expert) 11 April 2013
ask your wife to produce her inomce tax returns . make an application to court to that effect
V R SHROFF
(Expert) 11 April 2013
can she claim such impractical alimony and maintainence:
Ans : YES
LAW DO NOT STOP HER TO CLAIM CRORE P.M.
What she earn is important, not her lavish life
you hv to defend & can put her to Discovery under ORDER XI (1) of C.P.C. TO ANSWER TO YOUR QUESTIONS ON AFFIDAVIT WITHIN A WEEK !!
Apply in court
manik
(Querist) 11 April 2013
Mr. Sethi, her father is a retired income tax employee and mother is a central govt employee at an influential post...and if she pays tax on time then how will it make her demand all this...she maintains a lavish life style and that is visible...
manik
(Querist) 11 April 2013
Mr. Shroff, thank you for the suggestion...so she can claim but is not entitled till the time court is satisfied with the claim?
Devajyoti Barman
(Expert) 11 April 2013
He alimony wood be decided keeping her and your income in mind.
No arbitrary claim is entertained in court.
Stick to your stand.
manik
(Querist) 11 April 2013
Isn't it a violation of law that in one case she stated she will not claim anything, which was withdrawn and now she is claiming so much...also to add on her income is much more than what it was last year at the time of filing Mcd...
manik
(Querist) 11 April 2013
Pls suggest
ajay sethi
(Expert) 11 April 2013
your lawyer will make an application on your behalf calling upon her to produce her INcome Tax returns . it is your case that she earms more than you hence not enetitled to maintenance . court will pass order s on your application .
manik
(Querist) 11 April 2013
Thank you Mr. Sethi for clarifying...does more income also mean that child custody will be of her...or to me as per her statement of inability to maintain the child.....ha ha ha...this is kind of funny that 'I expect maintainence from my husband who as per the expectation is capable of bringing up the child and thats why maintainence is being asked'. And as I am more capable as per her, I should get the custody...why should it be given to her when she can't even maintain herself despite earning more than a lac per month?
manik
(Querist) 11 April 2013
Pls suggest
V R SHROFF
(Expert) 11 April 2013
"does more income also mean that child custody will be of her"
"ab bacha kidhare a gaya?? Till now u were silent abt child!!
Don't hide from begining..
Even if you are begger, court will order you to mtn child [50%]
ajay sethi
(Expert) 11 April 2013
custody of child is generally given to mother . you will get visitation rights . sice your wife is earning more than 1 lakh per month court will not award her maintenance . but you will be called upon to pay for your child maintenance
manik
(Querist) 11 April 2013
My apologies Mr. Shroff...it is a 9 year old marriage...seperated after 7 years and 3 months when the child was 5 years and 9 months...in the Mcd which got dismissed/withdrawn she stated she won't claim child maintainence...
@Mr. Sethi.....I agreed for Mcd on condition of visitation rights but now she is not ok with that too and that's the reason she has filed such a horrendous case against me...will the court stop me from meeting my child?
manik
(Querist) 11 April 2013
Pls suggest...
V R SHROFF
(Expert) 11 April 2013
Court will not stop you meeting your child.
But it is very important to keep a hard heavy stone on your heart, or you may ruin your life.
Look for future: don't be sentimental:
People can't change or obey your wish.
You get pinched more, and they will enjoy your pinch. Be careless,neglect : and they will be pinched!! Simple.
manik
(Querist) 11 April 2013
Mr. Shroff...I got your point.....she wants to marry someone she is in affair with who is waiting for her to quit me legally...I have no problems and ready to let her take custody of my son too...but an intention of forcing me to forget my son forever and never contact him is not acceptable to me...I know once this case comes into motion, very soon she will be left alone by the person who influenced her as he won't wait for too long for her...and that is when I win...or she will withdraw the case to file another Mcd...am I on the right path of contesting the case or should I beg her to withdraw the case and agree to Mcd on her terms take my son forever too
ajay sethi
(Expert) 11 April 2013
you cannot be deprived of vistation rights . no court will deprive a father of visitation rights unless you are absolutely unfit .
fight case
