How to fight against the interim maintainence
yogesh kumar
(Querist) 08 February 2012
This query is : Resolved
dear sir
i got married in nov 2009, all the marriage expense beared by me which have mentioned in session court. since 1st day of marriage my wife demanding for my salary to be transfered to her local a/c no in india. i was working in saudi. currently i dont have job since she has filed false case and dv against me . jmfc has passed the experte order of amount 6000/-per month. in regard to that we had appealed to session court/fast track court. now it has been sent to mediation centre. i have no other means of property. since i lost all my wealth and job in saudi, residing in my brother's house. presently she is not working any where. i am unable to settle the amount as per their demand.
my question is that
what will be the possibalities if i reject her in mediation centre.
is there any chance to reduce the amount if i appeal in high court
or give best suitable suggestion for next step.
thanking you
yoga.
yogesh kumar
(Querist) 08 February 2012
.... any body is there to help me
Devajyoti Barman
(Expert) 08 February 2012
The maintenance set by the court is very reasonable.
Rather if your wife choose to challenge such order it is likely to be increased.
So comply the order than challenging it.
adv. rajeev ( rajoo )
(Expert) 09 February 2012
It is best way to go to mediation, because you will get chance to talk with your wife. In the mediation difference of opinion between you and your wife may sort out or there may be chance of settlement and if you both wishes you can get divorce also.
V R SHROFF
(Expert) 09 February 2012
Yes, go for mediator:
Settle Explain your position & capacity
seems you have no children.
settle amicably. it will work
prabhakar singh
(Expert) 09 February 2012
Unless you have very solid prove of lower income than one found by court or certain other liability not considered by court going in appeal may not serve your purpose.
Raj Kumar Makkad
(Expert) 09 February 2012
There seems no possibility in eduction of monthly maintenance allowance as it is highly justified keeping in view the rising cost of living but definitely you should avail the course of mediation cenre to finalize ultimate solution to your matrimonial disputes.
Deepak Nair
(Expert) 09 February 2012
If you want to challenge the order for interim maintenance and refrain yourself from paying the same, you have to prove that you have less or no income and you do not own any property and there is no source of income.
yogesh kumar
(Querist) 10 February 2012
dear experts,
thanks for your valuable suggestion. i would like to continue with you for further information regarding the same.
Shonee Kapoor
(Expert) 11 February 2012
The compromise agreement should be carefully drafted, so that your rights are protected and she doesnot misuse the said document to extort you in future.
It is better to take help from an effective lawyer in this regard.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 11 February 2012
MOU should contain info: no dowry demand, no harassment, or violence cruelty was there:
Both will look after each other's safety, try to make both comfortable, happy, will not go to court, before referring the futre dispute to 5 wise old successful, efficient, important members of society[select names]+ elderly family members 3from both side. Will resolve any problem thru selected people.
all disputes and act , of past, both forgotten and forgiven,
both will try to live happily, peacefully, and accommodate each other.
Will not harass each other in any case.
etc etc....
If wife not educated, draft it in varnacular. execute two sets original on Rs. 100/- stamp paper and notory.
yogesh kumar
(Querist) 18 June 2012
‘’Dear sir,
with reference to the above,
Guest
(Expert) 18 June 2012
Since its an exparte order, you could have filed Set Aside Exparte Petition in the same lower court to set aside the Order of Maintenance and you should have told the trial court about your poor financial condition. You would get an opportunity to tell the court, whatever you wanted to counter your wife's petition. The advice of going to appellate court without exhausting remedy in the lower court is not correct.
yogesh kumar
(Querist) 05 February 2013
dear sir,
i need suggestion or direction in the following subjects:
current status:
1. decree of divorce is ordered with the Rs 5 lacks as final settlement within the 3months from today.
2. i am paying part of the money in Rs 6000/month as order in lower court under domestic violence since three years. 150000/- is due today.
3. i am working as a lecturer earning 17000/ month. residing in rented house. distant between my place and my wife (court) is 350km. wife is not working.
4. i don't have any other source of money.
5. 498a chief evidence is proceeded. (trials are proceeding)
6. appeal for the interim order in domestic violence in session court is order same. that time we didn't submit our salary certification. but opponent has told i am earning 50 thousand per month. he show my work data taken by net.
7. in high court our lawyer initially insist to file about domestic violence for appeal but he is telling since it is interim not possible, let it be disposed in lower court.
8. my passport which is impounded has filed in high court is yet come before court.
my question is that
1. shall i appeal for 5 lacks which is not able to pay.
there fore i wanted to list all of the evidence for submission:
a. rental agreement Rs.6000/-month wich is not produced at that time of trials due to agreement was in the name of my brother. i am residing in his house.
b. i would like to avail for a loan for 150000/- regard to the clear the domestic violence due amount.
c. i have to take care of my widowed mother.
d. i wanted to borrow rs 2 lacks bebt. handiment made can be submitted.
this how i can make to clear some amount. beyond this i cant because my earning is only 17000/-. i dont have any saving or property.
therefore,, i here by requesting you to kindly provide best suitable suggestion.
further information will be provided as per your requirement.
thank you.
yoganathan.
yogesh kumar
(Querist) 19 September 2014
kindly give some suggestion...
V R SHROFF
(Expert) 19 September 2014
If 5L under MCD; u r bound to pay, no appeal lies..
Raj Kumar Makkad
(Expert) 19 September 2014
What has necessitated you to pay heeds towards the query raised ove one year ago?
yogesh kumar
(Querist) 21 October 2014
dear sir,
as i explained about my decree of divorce ordered with 5lack u/s 25 hindu marriage act dowry and harrassement. my application is dismissed as i dont have proof of mental dissorder, the way she harrased me desserted me were not considered in application. all the notes are away from the fact made us cruel. they have succedded in their lie.
rs 6000/month maintainance as it is ordered in Domastic violence case will be continued as ordered by family court.
my question is
1. shall i go for high court.if is there any chances of increse in ammount
2. what about maintainance is it lifelong and lumsum, when D.V get over. d.v. supposed to be withing 65 days but here more than 3 years.
what shall i do.
my question is
V R SHROFF
(Expert) 21 October 2014
settle; compromise; try to understand each other..
Devajyoti Barman
(Expert) 21 October 2014
yes, agreed..after one eyar you need the reply?/
