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Naveen   12 May 2016

Cheating case divorce filed

Respected lawyers,

I am A software engineer and I have field a Divorce petition in family court under cheating case. My wife was suffering from a disease called "ITP" for which there is no medicines
in Alopathy. She was suffering from this disease since 15 year's prior of our marriage. And I have been cheated by hiding the disease.
She left my house in the year 2105 august and since then she did not come back. We got to know from third party that  she is pregnant.

I filed a DV case in month of September with her complete medical reports and my wife received the summons on 4th Jan 2016 . She immediately filed a 498a case against me the next day that is 5th Jan 2016.
Any how we got a bail from the police station.

Now my wife is claiming for maintenance under section 24. Where as She is working as "Financial analyst" in a big company and earning amount of RS/ 30,000 per month.
But in her interim maintenance petition she stated that she is an house wife and demanding on her parents and claimed for 20,000 interim maintenance.

I have her Offer letter's and last year's mid Pay slip Xerox with me. So my question's are below.

1) Can I submit the Xerox of my wife's offer letter and payslip to court and can be saved from interim maintenance?

2) IS there any way that we can legally through court ask her company that she is still an employee and providing her services to the company and prove that she is earning well
and does not require any maintenance?.

Kindly provide your comments on this.



Learning

 3 Replies

Dana Kayoni (Expert Humanitarian and Lawyer)     12 May 2016

Naveen:

 

ITP can be treated.  Court wont grant you divorce on mere basis of she hiding the disease which is dormant now.  On the contrary, she is pregnant and you need to pay her medical expenses and maintenance of kid during pendency of the cases that you have filed vis a vis divorce.

 

If she was working, then no maintenance for her, but u need to pay for kid.  All this is not as easy as it is said.  Takes a excellent lawyer to prove all this.

 

You filing for divorce after you getting her pregnant speaks low of you, and so does she filing 498a.  Usually hindus exchange dowry, so if you have taken a penny, give it back. 

 

As you got her pregnant, withdraw divorce, and plan on leading marital life.

 

The route which you both have pursued will only kill the coming 2-3 decades. Endless litigation, never-ending headache. + bonus child out of wedlock.>>>>>>>>>>>GOOD PACKAGE.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     12 May 2016

1) People with idiopathic thrombocytopenic purpura ITP may need nothing more than regular monitoring and platelet checks.  Not a ground for divorce.

 

2) Maintenane is decided by the court, various factors, the standard of living given to the wife earlier and in the past not just only her earnings.  The financial status of both will be considered.

 

3) As advised by the above said expert, explore such possibilities instead of entering into long drawn expensive legal battle.

 

A walk alone (-)     15 May 2016

ITP is a treatable disease court may not give you divorce on this ground. Now she is pregnant also. You should act maturely. I know she has cheated but you can forgive her as after marriage she is your responsibility. I know its difficult but not impossible. Try to accept her and live happy life otherwise you are booked for a long time in court case which will only ruin life.


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