Application for interogatteries

Dear Ms. Jain

Prior to initiation of proceedings, has your father submitted a detailed affidavit showing proof of any income, assets or other expenditure statements highlighting his financial position? Please be aware that is mandatory to file it post-completion of your pleadings. He would have undoubtedly had to mention it in his affidavit. That affidavit alone is worth a lot of gold, as financial maintainance liability of you, your mom & your brother can be easily determined from it.

Coming to the rest of your facts. Regarding the rejection of your application by the trial judge, did s(he) apply his/her mind prior to relying on the precedent? If your application has been rejected on this ground alone, you have a strong case for appeal.

If you are planning on moving the High Court, you must file the appeal within one month before the Division Bench of the court.

If you have any query, you can reach out to me at: basu_kunal@hotmail.com. I will try to help all of you out.

Thanks & regards

Advocate Kaybee

 

Application for interrogatories moved by you is allowed how will you be able the production of actual documents relating to the income of your father. As a businessman he must have got numerous bank accounts, investment made all over at different places in different names for different close people, namely Benami investments in cash as well immovable properties. Over all how will you get and even if you get to know these, will prove that your father is the real owner of those investments?

What High Court or for that reason even the Supreme Court of India can do if he has hiden wealth? 

Kunal Basu Sir, My father has nor filed any affidavit regarding his income. When we filed a list of documents to be submitted by him he submitted a few documents namely his ITR, computation of Income and insufficient bank statements. From bank statements itself his income can be estimated to be around 3-4 lakh a month. Even the fact that he is staying with another woman while still being legally married is pressed by us but the judge refuses to take any action whatsoever. And no he does not seem to have applied his mind as we had given digital videos and photographs of how badly the house gets flooded. My father submitted all the above documents in 2015 and its difficult to believe that his business and income reduced instead of increasing. I know we should file in high court but as per what I have seen it takes some time for the case to come on board and even though after that the hearings are conducted it will still not be done before monsoon. Our point is now that if lower courts cannot function properly why do we have them ? If the case was ultimately to be seen unbiased by high court then what is the point of family court or such other lower courts ? Yes, a lot depends on how an advocate presents the case but when there is enough evidence to support the case for one party, can mindless arguments of the other party be formed as a basis of judgment ? And well, in our case the argument on 4th January was concluded on the ground that his house in Chunabhatti and our house in Bhyander shall be inspected before taking any further decision. Then on the 22nd January the Judge said four other matters that were argued are decided. And till 20th February we did not receive the order. Why didn't he consider inspection necessary. Isn't it his duty to examine at least all documents on record before concluding such a matter? I know this is a very lengthy reply but I hope you understand that we have been facing too much since 12 years now. What should have been concluded easily by income proof and inspection is just unnecessarily dragged so that we leave the case out of frustration. PS: I would have mailed you but the case has too many details so I thought it would be appropriate to reply here. Thanks

Vijay Raj Mahajan Sir, So u mean to say that we should leave it at that ? Let them do what they want and suffer in silence because he may have benami properties and accounts ? He is my father and I know it is not so easy. But its better dying while fighting for your rights instead of dying out of regret and frustration. Thanks

I'm not suggesting leave him, go ahead fight for your right till end, I'm just informing you such persons who can cheat authorities will not let you go so easily. Sorry to say he's your father but he lack both legal and moral responsibility towards all of you.

Ms. Roshni

Your case will not directly be heard by the High Court. At best you coould file a civil transfer application before the Court praying that your case be transferred/withdrawn from the Family Court & heard by any other family/district court. The High Court has an inherent power to entertain such applications. Mention that as hearings are not going on a regular basis & therefore it would be most helpful if your case could be transferred to the local district court for trial. Going by your case facts, the trial court is least interested in disposing of your petition expeditously, even though the case was pending since over a decade.

Where to file such application ?

Ramesh Singh Sir, I have a few queries in your reply: 1. You say wife as a petitioner is not entitled to separate residence. In my case my father filed divorce petition in 2006 which was rejected is in 2013. Thereafter, we i.e my mother filed a petition for maintenance which is the ongoing case. 2. Well, for evidence regarding other woman, we visited my father's residence last year at 6.30 am and he was in the same house with that woman. We have seen her at his shops and exhibitions too. But we could only produce a photo as an evidence and we have a video too in which she is quarrelling and bad mouthing me and my brother. I don't think they would register a marriage or something as it would be easy to catch. Still we are trying to find as much as possible. 3. In a maintenance petition where the husband is bound to pay his wife and children, I think his income proof are related to the case(correct me if I am wrong). Either he should willingly pay maintenance as per what we claim our expenses to be or he should prove his income is not so much to afford it. I don't know if this is the dead end. I am a chartered accountancy student but I have zero knowledge of this field or the laws regarding family matters. But I am grateful that at least I can get some clarification from experts like you all.

Ramesh Sir, Predecessor is the judge who was there before he got transferred and now the current judge is there. Residential property in Bhyander is acquired by my father after marriage and he left us and started residing separately since 2000 at Chunabhatti. That place in Chunabhatti my father claims it is on rent but we strongly think he purchased it few years back. My father had filed the divorce petition on the grounds of cruelty which he could not prove either documentarily nor during cross examination and so was that taken as the basic ground for rejection of divorce petition(that order is pretty big with lots of discussions and case laws quoted). Well, we filed an application for enhancement in maintenance as previously my father was paying 7,500 pm and during the arguments his advocate stated he earns Rs. 18,000-20,000 pm so accordingly he was to pay half of it for the 3 of us. Also, can you please suggest what exactly should i file in statement for interrogateries because I am not getting anything of the internet.