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Damayanti (Unemployed)     08 January 2011

Is this a good reason for divorce file to dismiss

My husband  filed divorce as cruelty by me and wants divorce from me at any costs.

He gave maint of half salary to me and my daughter and won the heart of judge seemingly (he has shown very less salary, almost 1/3rd than actual and we didn't have exact proofs also. )

I do not want divorce and he wants it.

I want to get the case dismissed quickly and no divorce.

Duing kid visitation, and maintenance order for me and daughter, his lawyer has said few things about his job and salary (his salary slips) which are completely different than his divorce petition affidavit and maintenance order says something else.

Is this a good reason for getting the divorce file dismissed and against him for the discrepancy in two affidavits about the same information?

and now his lawyer is asking for judicial separation.

Also my lawyer has been avoiding court dates for different reasons.

What is possible to do. How to stop divorce.



Learning

 9 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09960223100, 09271971251

e.mail.advocatesawantnb@yahoo.com

e.mail.nandkumarbs@sify.com

REGARDING DIVORCE MATTER AND TO PREVENT THE SAME KINDLY NOTE THAT.

1.YOU HAVE BEEN GRANTED MAINTAINENCE AMOUNT FOR YOU AND YOUR CHILD.IT MAY BE A ORDER UNDER SECTION 24 OF HINDU MARRIAGE ACT. IN CASE YOU DO NOT WISH TO GIVE DIVORCE TO YOUR HUSBAND AND PROLONG THE MATTER.YOU MAY PERSONALY FILE AN APPEAL TO THE HIGH COURT AGAINST THE SAID ORDER OF MAINTAINENCE AND PRAY FOR ENHANCED AMOUNT OF MAINTAINENCE AND ALSO PERMANENT ALIMONY (HUGE AMOUNT OF ONE TIME MAINTAINENCE) AND PRODUCE ALL INCOME PROOFS IN THE HC.ALSO PRAY FOR THE STAY OF LOWER COURT DIVORCE MATTER. IT WILL SERVE BOTH YOUR PURPOSES.YOU MAY GET HIGHER RATE OF MAINTAINENCE AND ALSO DELAY THE DIVORCE.

2.FOR COMPROMISING THE MATTER KINDLY SEND DETAILS AND COPIES OF MATTER FILED IN THE COURT WILL HELP YOU.GOOD LUCK.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.WISH YOU ALL A VERY HAPPY NEW YEAR.

REGARDS .

YOURS SINCERELY

NANDKUMAR B.SAWANT,ADVOCATE

1 Like

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     08 January 2011

Why not case of professional misconduct against Mr sawant who gives his mobile nos and email IDs and invititng openly people to contact him

 THIS IS JUST PUBLICITY BANNED UNDER ADVOCATES ACT.

pnarendrakumar advocate mandya (advocate)     09 January 2011

in the guise of giving suggestions, publicity making is not proper for an advocate

Damayanti (Unemployed)     09 January 2011

I disagree with you legal victim. Adv Sawant Sir has given me a suggestion and he has helped a real victim who doesn't want to break marriage.

 

My story is not unusual: My father-in-law wanted a grand son. I had a septic and infection during seize  pregnancy. I can not conceive unfortunately and there can't be a second chance of baby.

I don't mind if husband marries with a second wife. But only for this reason, he wants divorce now after 7 years of marriage.

 

During counselling I had said that whatever husband wishes I will do. Any impossible demand also I would do.. But husband kept on raising many issues and somehow trying to 'set' me up. like doesn't cook well, doesn't entertain guests, sleeps untill 7:30 am, did not open door once. It is all baseless and ridiculous.

 

I am frustrated because case is not moving.

I said to judge once that please continue with case and finalise issues, but husband's lawyer shouted that it their choice which application to take first.

And hence child visitation case is still going on even when I am saying 'let him come at any time to meet my daughter'.  He infact has filed review of maintenance but just taking adjournments and he wants me to get exausted.

 

'taking advantage of one's own wrongs' how to use it during the trial?

 

I just don't want to give divorce. Cruelty gounds are hopeless but it is not reaching even to that stage of hearing.

 

Please answer my questions. I am stating the same again.

There is petition affidavit where it says he was unemployed for 8 months and started his business with uncle as partnership.

During my maintenance petition he said in his response that his business wasn't clicking and hence he restarted the job.

But that job starting date is completely mismatching and suggests he was never out of job but only changed job with a gap of 5 days of transition. Will anyone argue that husband did business for 5 days? What about 8 months reference in main petition? Is my lawyer confusing me?

Is it not sufficient to dismiss the case.

 

From this doubt onwards my lawyer started avoiding me and is rather pressuring me for consent divorce and more alimony etc. And court only giving next date.

 

Damayanti (Unemployed)     09 January 2011

Yes it is sec 24 of hindu marriage act.

Adv Sawant sir,

Please send me a PM about solution. My case is in Pune family court, last 8 months back I shifted alongwith my parents to my native/my uncle's place and enrolled ny daughter there in school, I do travel once a month for case.

Case going on since long time (much more than 1 year) I got married in Pune. My parents also were in Pune but now all shiifted to our native place.) Satara/Kolhapur border in MH.

I do not want to prolong the case but just want to stop this ordeal and dimiss the case. If husband goes to High Court anyways I have to go there also.

So I would not go to HC myself. Case cruelty reasons given are a mockery. In last so many months relations did not improve but strained even more for his adamant attitude. I have no problems if finds a second wife to have a son of his own.

Is there any standard in law like 'Upto what extent of a lying in a court is allowed and not taken as misbehavior?' Everything on the papers and affidavits I have written here.

I do not want divorce tag to me and to my daughter.

Damayanti (Unemployed)     09 January 2011

Adv Sawant Sir,

 

You advise 'YOU MAY PERSONALY FILE AN APPEAL TO THE HIGH COURT AGAINST THE SAID ORDER OF MAINTAINENCE'.

My experience in Court is that it is really a very exausting place, I feel like I may just colapse emotionally breakdown.

High Court would be even more opaque to middle clas women.

I am gradute and studied college in English medium, and a straight forward thinker.

Are there books which tell about proceedure in HC, their rules, where to ask, formats and samples which are required in High Court? Just in case!!

I tried to defend myself on my own untill counselling in court, but appointing a lawer also hasn't WORKED ANY BETTER EITHER.

Isn't there any single law which says 'petitioner has to try to finish the case quickly or behave as if he is interested in speedy trial atleast ?'

 

Damayanti (Unemployed)     09 January 2011

I think we drifted from the core question of mine.

Is there any 'misbehavior' noticable enough through husband's lies and to seek to dismiss the whole case?

DR.SANAT KUMAR DASH (Eye Specialist)     09 January 2011

Dear   Damayanti,

                                      You   can   read    MAHARASTRA     HIGH     COURT    RULES............for  knowledge.

But    it  is   difficult   to    know   all   the   procedures   of   HIGH   COURT.

Damayanti (Unemployed)     10 January 2011

Fine. Eye specialist. You opened my eyes

:)

 

Please answer to my question also if you know the legal and correct answer.

 

It looks doing 'falsity in affidavit' is become a fashion in court trials which people are assuming 'even judiciary can't do anything' about it.  There is no deterent, fear left abou it. Affidavits/petitions are like pile up of wooden material.


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