I have filed a divorce case against my wife under cruelty clause.
Brief history about the case.
About me: B.com., Graduate with CA Inter. Worked as a Asst. Manager at the time of marriage. Now jobless and pursuing my Course while attending for cases.
She is from kumbakonam – educated – Bsc. Computer science. (Worked in MNC, Chennai before and after marriage and left job to join me in between). I strongly believe she is working some where. She was LIC agent too. But i do not have any proper evidence to support my claim.
I have filed my case in My native in Tirunelveli Dist in Aug -2010.
As she has custody of a girl child born out of our wedlock (Marriage in Jan, 2008), she has applied in Madras High Court Bench in Madurai for transfer the case to her native place kumbakonam(District Head Quarters - Tanjavur). During that time i was working abroad.
Our marriage was proposed and mediated by her relative who was my boss(now ex-boss) as i left my job in June 2011. She has applied for interim maintenance in Nov-2011 seeking Rs.20000/per month for her and child and 10000 towards court expenses.
Documents filed/Status so far.
1. Petition filed by me
2. Her counter
3. Rejoinder filed by me
4. Her affidavit for IM claim & Petition – IA –
i. Seeking Rs.20000/pm for her and child
ii. 10000 for court expenses
iii. Claimed I am working in abroad and earning Rs.175000/per month.
5. Application (from my end) for accepting documentary evidence supporting pursuing education, passport details showing my exit from foreign court, relieve letter from my ex-employer.
6. My counter – Jobless and pursuing professional course – Distance education program – one Group pending. She is working. (No documentary proof to support my claim she is working)
7. Crossing her
8. Crossing me – admitted earned 80000/pm while working abroad. I have the responsibility to maintain wife and child (but I meant that if she has no earnings but did not say so as my lawyer advised to say ans in short)
9. No documentary evidence of what so ever submitted from her end to support her claim of me working/earning
10. Court gave judgment to pay Rs.5000/pm to her and Rs.3000/child and court expenses. Judgment order says – she claimed Rs.20000/pm to her and Rs.10000/pm to child which is wrong as she claimed Rs.20000/pm for both.
My Questions:
1. Appeal Vs Revision ( I do not understand properly)
2. Where I have to file appeal or revision for interim maintenance order
3. I have documentary evidence such as emails, letters from her admitting most of the mistakes which form part of my affidavit (last para. seeking apologies for her mistakes). At what stage I have to submit my evidences and how I have to present my evidences.
4. I have given 136gms of gold due to her demand which included Mangal Sutra Chain in Gold 56gms. Whether I can claim the jewel given by me which has been taken away by her. She also took away her jewelry which she got from their family for her marriage. I have mentioned about jewelry in My rejoinder which she has refused in her evidence in interim maintenance case. ( I have photos, bills, other documents supporting my claims)
5. What is the procedure to send her belonging still lying in my father’s house? (I do not have any property)
