sarita (no) 12 April 2011

help me

sir,my husbands family is very reachbut they are not good in behavior .they mentally torchered me at the end i file case 498 against them .i am working in a company .i have my daughter with me.my income is about 15000/- witch less then to maintain me and my child.

sir my husband is a lazy type man no property in his name but one truck witch was baught by his father on his name.i file the case of maintenance .at court they produce a stamp paper .the agreement is that my husband is unable to pay the installment so my father in law was paid all the installment of the vehicle because the bank gave the loan behalf of his fathers property after that the truck transfers his fathers name.my husband say his income about 4000/- and he working as a office boy.

sir,i want to know are the detail of the bank statement of vehicle loan witch was my husband name is enough to prove his income.the installment amount is about 40000/- witch they said my father in law is paid the amount.

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14 Replies

(Guest)

@sarita

His father is paying installment on behalf of husband it seems that the father is giving guarantee support..

If the husband dont give installment then legal proceeding will be started.

sir,i want to know are the detail of the bank statement of vehicle loan witch was my husband name is enough to prove his income?

No.

Your income is 15000/-which you think is very less to fulfil your and your daughter needs.

On the other hand you accept that husband is lazy (a lazy type man no property).He is unable to pay installment .If you fight 125 case you get nothing.His father sould not give maintainance on behalf your husband and on one day if judgment passed in favor you husband may be go to jail .

adv. rajeev ( rajoo ) (practicing advocate) 12 April 2011

It is the bounded duty of the husband to pay the maintenance, he cannot avoid paying the maintenance showing a reason that his father is paying the loan amount.

You can call the doucments from the bank by giving an application be fore the court to prove the income of your husband. You can also call the income tax retruns which have produced by your husband while obtaining the loan to prove his income.

TELUGU SATYANARAYANA (ADVOCATE & TAX CONSULTANTS) 13 April 2011

u have filed only a criminal case ie 498a (harrasment). and u have not filed any maintenance case u/s 125 Crpc ! if u are asking for maintenance u are liable to prove ur husbands income ! if ur not proved the case may be dismissed. as per ur version ur earning 15000 pm. while u have ask maintenance for ur child only. because ur earining person. u are not eligible for maintenance while ur in employment.

Tajobsindia (Senior Partner ) 13 April 2011

@ Author

1. You are not eligible for maint. I differ to Ld. Rajoo medieval thoughts simple fact being now-a-days rich wife are bounded to pay maint. to their husbands if her income more. Even if you call documents it will show your FIL meeting installments as you yourself say in your brief so what is the point to follow advise of Ld. Rajoo which i suppose he made in haste.

2. You should thank yourself that your husband has not filed maint. against you till now.

3. I suggest to file a divorce case now that you have already filed S. 498a against his laziness...I mean you all ladies are inventive in thinking newer and newer definition of harassment under S. 498a IPC now a days.

4. You are a metro wife + earning 15 K so what is the need for your maint. here. For your child he will pay out of his 4 K and for that you are investing your 15 K into legal remedy which baffles me.

2 Like

ASHOK KUMAR (executive) 18 April 2011

Respected Sirs ,

1) My marriage happened in 19/3/2000 in Bhilai, dist-durg, chattisgarh

2) My wife left my house Bhilai in 2001 , she went her parents house Vishakhapatnam.

3) In year 2001 i applied for diverse case in family court Durg .

4) Sir, i am a steel plant employee.

5) My wife put sec 125 maintence case in family court Visakhapatnam, in year 2001, she got maintence Rs 450 from 2002 onwards she continusly applied for enhancement of maintence in 2003 and 2004 and 2005 .

6) In family court durg i got exparty decree in 30.10. 2004 and after 8 month i married second wife sarada.

7) During 2005 when i went to attend maintence case she put me a false dowry case 498 and police arrested me when i showed the diverse decree they quit me.

8) Here in durg family court she applied to re open diverse case and my diverse decree was set a side in 2006.

9) Immeditly in 2006 she applied in section 9 case in family court Visakhapatnam ,

During this time settlement talks was going on and i was not attend the section9 case hence section 9 is exparty in her favour.

When section 9 was her faveor she applied the execution petition and then i joined the court and given all documentary proof then her execution order was dismissed on the marrits i.e. surprssing the fact she obtainted sec.9 decree.

10) In durg court divserce case was going on she shows section9 order copy in year 2008 then my lawer advised me you take back your diverse other wise your diverse casewill be

Dismissed hence i not pressed my diverse case.

11)In 2008 and 2009 i went in Visakhapatnam family court for sec.125 and in December 2010 court ordered Rs 3000 maintence .

11) In December 2010 she put D.V.case in all my family members my self, my father and mother and my two married sisters and my second wife.

12) We went hyd.high court , court for quash the d.v.but court ordered that no stay only appearance .

13) At present d.v. case is in enquiry stage .

Can i again apply for diverse ?

Last 10 years she is not with me how d.v.act forec ed to me?

She was worked in E-seva from 2002 to 2008 but i donot have documentary proof, i applied in r.t.i.

She got maintenance under125 crpc and she availed railway pass in year 2007.

I have documentary proof from railway where her father add her name as a diverssee girl in 2007.

14) Sir, if execution pititition order is dismissed so the section9 is waived or it is in force?

please help me how to comeout from d.v. act .