Maintainance argument

1.I filed for RCR (After 498 A)and she is working with a handsome salary.In this case , Is it true that court will order for Maintainace?

In principle the court cannot order maintenace..there are various judgements..please try to arrange some Supreme court judgements to support your points...if you have documentary proof of your wifes qualifications, employment details and salary details..it will be good..

2.In arguments , can i submit the evidence documents to the Judge directly and explain him about the things?

You can always speak to the judge and submit documents...but your lawyer may not be comfortable with the matter...if you have a good lawyer you do not need to..he will manage..

3.Is there any section under which we can summon my wife to produce her Employment Details and Bank Statements?

You can file and application u/s 91 of the CrPC to the authority under whome these documents are available and ask for the papers...

Best of Luck 

RV

Just don’t panic, stay cool

Use below points in your argument by customizing it based on your wife/case details.

1)      Able bodied/capable/qualified/earning – She don’t match the criteria mentioned in 125(1) which is “Women who is unable to maintain”

2)      As you have filed RCR, tell the court that you want to live with her and want her to come back right now from the court, she has deserted you without justifiable reason – 125(4)

3)      Unclean hand – there is an SC judgment that person seeking relief must come with clean hand. Tell the court that wife has hided material facts about her earning/capability/qualification and put false allegation hence she is not entitled to any relief – interim or final

4)      Any person should not be allowed to take advantage of their own wrong – Tell the court that wife has deserted you on her own, put false cases/allegations and now want to extort money – she should not be allowed to abuse the process of law

5)      No prima facie evidence – Tell the court that there are no prima-facie or circumstantial evidence to suggest slightest of neglect/refusal to maintain her or cruelty and hence it is not fit case for any interim relief.

6)      You liabilities – Show all the liabilities you might be having including any loans/parents/siblings (minor)/life insurance/mediclaim etc. etc.

7)      Tell the court that you are ready to take her back by providing all the assurances against any apprehension she might be having and she has nothing to fear as you are even ready to put 24*7 cctv high resolution cameras with microphones at all places of your house – She is putting false allegations.

8)      Go thought citations provided @ https://www.lawyersclubindia.com/forum/Re-Re-Re-Re-Re-Judgement-helping-innocent-husbands-24586.asp which even has some judgments related to interim maintenance – READ THOUGH ALL OF THEM.

9)      Indicate the judge that wife intentions are to extort money from you without performing any marital obligations even when you want to live with her and assuring all security.

10)  Put an application for next date for argument if you think you may need some more time for preparation on the same.

If after above, order comes against you then go to higher court as you are bound to succeed if you have truth with you.

The mistake most men make is if they get manageable interim order against them, they don’t bother to go to higher court thinking that it would cost them more in terms of lawyer’s fees and other expenses……..but they don’t realize in doing that they are actually supporting legal extortion even if they have merits to win if fought properly….and wife on the other hand once start getting interim maintenance don’t allow main / other cases to proceed in fear that her false allegation won’t stand in long run and she would even lose interim maintenance so she drags and drags the cases for years as she has got finance to support her legal and other expenses.

Listen, don’t be dishearten – you have lost all which you could loose now you need to fight for your pride and to show the opposite party your metal and to realize them you are not a cow which they can milk as per their will and whims.

Fight Tooth and Nail like a Lion to defend your hard earned money – I bet you once she would realize your metal – she would curse herself for what she did if she is wrong.

Fight like Anna Hazaare is doing – If he at the age of 74 can fight and bow down all mighty government for whole nations benefit then Can’t you fight for yourself???

I would humbly request the experts to correct me on legal terms.

Regards,

PC

Well replied PS..

Thanks a lot PC and Rohit for your valuable advices...

PC ,

After approx how many arguments , Judgement will be passed?

The steps for any interim releaf are as below in general as per my understanding

1) 1st date - serving of application for interim releaf (or reply if application is already served via register ad or summons).

2) Reply from respondent side with or without any proof but with affidavit

3) Applicant may submit rejoinder affidavit along with any proof.

4) Argument

5) Judgement

Expert may correct me if I have missed/added something.

Regards,

PC

Thanks alot PC for the valuable information and the the way you are building confidence in me,

PC ,

Can i myself prepare a petition OR a letter to judge stating the Argumental points (you have mentioned in this thread to Judge )with all the evidence of her eductional qualifications , Previous Employment Details and Current Employment Details ?

If YES to my question ,Could you please help me in getting the format of the petition/letter with the argumental points to prepare myself and submit to the Honorable Judge ?

Frankly speaking, you doesn't seem to have sufficient knowledge just like I did not have when I started, so I adopted a strait approach as below.

1) Contacted a trustworthy lawyer though he wasn't experienced much in family matters but had lot of experience in other financial matters and provided him with all the details of the issue and marital life.

2) Provided him with loads of citations and points by reaserching at least four hours a day on net.

3) Right now even though I can plea party in person with the help of him, I am allowing him to pled as the matters are in trial court but I am observing each and every move.

4) I have decided that If I had to go to higher courts (session or high court), then I would definately think about pleding myself due to cost factor and as I have gained reasonable knowledge.

You may follow above approach and higher an advocate for trial court, as you go to higher court, you need not to follow procedures from start, there are lesser steps than trial court.......meanwhile gain a lot of knowldge and help others in need.

All the best,

PC

Fighting Party in Person is a double edged sword.

Some Judges are not very supportive of people doing so.