Interim maintenance petition in family court against the husband
Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
Hi,
My wife has filed an Interim Maintenance Petition along with Restitution of Conjugal Rights Petition against me in Family Court.
I already have the reply to that Petition ready but can I fight this case myself without hiring an Advocate. Which all formalities and paperwork, do I need to complete before and after my first date in the family court.
Also, my father is much aware about all the matrimonial laws but is not a graduate or an LLB. He is not officially an Advocate. So, can I appoint my father as my Advocate in my case.
Please let me know regarding all the formalities and paperwork that needs to get completed so as to attend the court.
My wife is a Bridal Beautician, Mehndi Artist, as well as She creates embroidery designs on clothes and fabrics. She earns lot of money thru all these activities. How can I prove her earning as there is no existence of evidences like salary slip or customer bills, in her profession.
Thanks.
prabhakar singh
(Expert) 23 September 2011
You can execute a power of attorney in your fathers favor,although it would be an adventure.
In absence of documentary evidence ,oral evidence is the only way to prove things.
The filing of reply of petition is dependent up on averments made in petition,which is not before me to suggest what to admit,what to deny,so no suggestion is possible in that regard.
Devajyoti Barman
(Expert) 23 September 2011
Yes, you can.
It is a tedious process which requires lots of expertise and experience, so better engage a lawyer at least to assist you to do the job.
You have to bring witnesses to prove that she indeed runs such business.
AugustPunitha
(Expert) 24 September 2011
If you prove documentary evidence that your wife is earning regular income then it will be difficult for your wife to get interim maintenance.
If POSSIBLE get photo video recordings of your wife working her bank records and mobile call records can expose her earnings.
Is she running a beauty clinic even in another name will expose her earning capacity.
You can file Interim petition for call for the records for her bank and mobile records.
Further if you prove that your wife misrepresented her earning then you can file contempt proceedings against her and claim damages from her
Shonee Kapoor
(Expert) 24 September 2011
Hi,
You can represent yourself in court of law and no need of lawyer, I have been doing so not being a lawyer/ LLB.
If you need any help in drafting etc. you can contact me.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 09 October 2011
I shall advise you to follow the advice of Mr.Barman. "Neem Hakim,Khatre Jaan".
