Modified 125
INDIAN LADY
(Querist) 20 October 2013
This query is : Resolved
Respected All , In my 125 suit reply as usual with denial of all paras he stated that he is earning 8 to 10 K . After that born of my younger son we request for Amendment of Application which is approved by court. In reply of this amedment he rellied one thing that I was earing 8 to 10 K but after th 498a FIR his shop is closed and he is not earning now where as his shop is open and his cousins are running the shop. Consideration is pending and on first week of Nov. Now my query is how the court will take this reply and what should I do to prove that his shop is open so that I cam get good relief. As of now he is in jail under 498a complaint and as u expert told that He will gey the Bail. My other query is how long he can stretch to avoide to pay maintenance ? Pls get me the practcle reply which is actually happening in courts.
INDIAN LADY
(Querist) 20 October 2013
In countinue to above shall I not get the maintenance now as he has stated that his shop is closed after the FIR registration ? Or his this statement will effect on maintenance amt ?
INDIAN LADY
(Querist) 20 October 2013
In countinue to above shall I not get the maintenance now as he has stated that his shop is closed after the FIR registration ? Or his this statement will effect on maintenance amt ?
ajay sethi
(Expert) 20 October 2013
ask your husband to produce his income tax returns .
even if his shop is closed he is bound to pay you maintenance .
you can take the plea that shop is owned by your husband(presume he is the owner) and that his cousins are running the show in his absence .
INDIAN LADY
(Querist) 20 October 2013
Thanks Ajay ji , He is not having the PAN .His shop is on rent in a college and we are having Fresh contract copy with us. Now in Amendment reply he has stated all this. Will the court consider this while fixing the interim ? In Nov start is hearing for interim.consideration . If I will bring the certification from college that his shop is opened and he is running it will it work in the court ?One more thing if my husband is not reconsiling thae how I can take the alimony as he has also file HMA 13 ? Or how I can create the pressure to reconcile ?
ajay sethi
(Expert) 20 October 2013
yes it will help you in deciding quantum of maintenance .
madam after having sent your husband to jail under 498A case the chances of reconciliation are bleak .
it would be better to go in for divorce by mutual consent .
INDIAN LADY
(Querist) 20 October 2013
Sir , I hvnt sent him jail. He out me from the home after beating and in demand of cash 2nd time and tried enough thru relatives for compromise and I filed 125 for monetry relief. In counter he filed HMA 13 and I left with no option other than to complaint and he refused to compromise in DCP office due to which FIR is raised. After FIR my bro went with police and requested to police not to arrest him and police took some amt from him and came back. After that no body from us make any effort for his arrest. He applied his AB which is dismissed by the court. Then he applied in HC but never aproach us for any type of compromise. This way or that way. One week before first hearing in HC he surrender in Session court and went to jail so he him self is responsible to go to the jail. We are having to kids. Elder son is with him and younger son is with me. Now what ia the wayout ?
ajay sethi
(Expert) 20 October 2013
you have no future with an abusive husband . acts of physical violence cannot be condoned . your best option would be for divorce . he is bound to pay maintenance for you and the kids
INDIAN LADY
(Querist) 20 October 2013
As he has filed HMA 13. Then how I can get the compensation ?
Devajyoti Barman
(Expert) 20 October 2013
you will be granted maintenance, have patience.
adv. rajeev ( rajoo )
(Expert) 20 October 2013
