Tough situation in matrimonial case, pls suggest
Gopalan
(Querist) 11 May 2012
This query is : Resolved
Hi Experts,
I have been a silent observer of this site and I like the kind of advise given on this website. I am stuck with a problem in my ongoing case, hence I am posting my problem for you experts. Please be kind and revert.
I was a defence person, who had to leave the force because of being medically unfit for the service because of being amputated. Now I am working with a private company and at a good salary too.
This impacted my marital life as well. Due to amputation, my wife started resenting me. She has now filed multiple cases on me, including 498a, divorce on false grounds, DV, 125 and 24 HMA.
I have fought back, however the court disregarding my career and accomplishments, ordered 8,000/- per month to my wife in one of the maintenance cases.
I have also shifted to Bangalore whereas the cases are running in Delhi as the wife is staying with her father who is a bureaucrat in Delhi.
My lawyer has fought the case well till now. However, he wants me to come there on every hearing, which is becoming difficult because of financial and work reasons.
I don't want to pay even a single penny to the wife. My lawyer is also very supportive of my sentiments and has filed the revision in session court. But the Hon'ble Court has asked me to deposit the arrears in the court.
My only worry is that if I were to deposit the same in court, it would anyways go to her sooner or later.
Shall I continue with the revision or withdraw it?
Also, as the Challan is filed in court, shall I file for quash now? No other ground but mala-fide.
Also, one more thing, I have a doubt that my wife is working somewhere, how to prove it?
I would be grateful for your help.
Gopal
ajay sethi
(Expert) 11 May 2012
the claim of your wife for maintenance does not depend upon your career and accomplishments .
the court must have considered various factors before awarding her maintenance .
the crux of issue is whether she is working ? what are her qulifications . ?
inorder to find out whether she is earning or not ask her to produce her income tax returns . or hire a detective agency
Shonee Kapoor
(Expert) 11 May 2012
Hmmm,
In Delhi you would encounter this problem in revision.
Also, as you stated you are earning good, the revision might not succeed also.
You don't have to be there on every court date. Your lawyer can handle it for you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 11 May 2012
Most of the time we don't want to pay sometimesnt to pay, but paying maintenance has its own advantages.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 11 May 2012
You make some instrospection where you were wrong. It is hard to believe that after living with you for some period wife will file 498a and maintenance case against husband simply because he is injured and disabled.
