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Krishna Kumar (Manager)     02 August 2012

Can i go without a lawyer? help with procedural matters

We have a 2 year old son. My wife has filed a petition in the Family Court in Bangalore praying for divorce and maintenance of child of Rs. 50+ lakhs. She has approached a lawyer who has typed out about 14 paragraphs full of nonsense.   I have genuine evidence to refute all the allegations. One the first day, my wife's lawyer requested for mediation, I objected the allegations. The next court hearing is tomorrow [3rd Aug]. I have typed a Word Document giving my responses to each of the paragraphs along with evidence [several chat conversations, 2 declaration handwritten by her, a few emails etc].  The evidence is embedded in form of screen shots in between my responses. I need help with the following:


1. I do not wish to hire a lawyer because the few I went to quoted exhorbitant charges. Somewhere in the middle of the conversation, they ask me what my salary is. Does it mean I need to pay more if I earn more? Why should I pay when I am not at all at fault? Can I contest the entire case without a lawyer?

2. Is there a specific format for filing a response to allegations made in the petition? If yes, can you please provide a template/sample?

3. Are chat conversations and email accepted as evidence? How should they be filed?

4. She was earning a handsome salary [much higher than the average IT professional]. She quit the job although I tried to convince her many times and explained the advantages of her job such as unlimited medical leave, laptop + work from home option, flexible working hours, long leave of absence/sabbatical etc. I have evidence of this. She has now taken up a teaching role at 1/4th her IT salary and has to start for school at 6:30 am in the morning. My question is, if I can prove to the judge that she has quit on her own and is working in a job at a lesser salary, will I still have to pay her maintenance. How is maintenance for the child calculated?

Thanks for your time and I am sorry if some lawyers dont like the questions I have put forward.


Regards.



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 August 2012

Dear Mr.Kumar, 

1. Fees depends on the standing of the lawyer.  You can contest the case yourself, however having said that - it would be like operating yourself when you have a medical condition. 

2. Reply to her case is called a Written Statement - it has be drafted as per the original case, there are no ready made drafts - it is divided in two sections preliminary objections - which attack maintainbilty - and the second a reply on merits - para wise rebuttal. 

3. Chat conversations/emails are admissible in evidence provided certain conditions are fulfilled. 

4. A woman who wants to live as a parasite and leaves job in order to claim maintenance and waits for dole to be handed out to her is not entitled to maintenance there are judgments in this regard. 

2 Like

Damayanti (Unemployed)     02 August 2012

Instead of Word document better prepare a Powerpoint presentation and give a 'Zakas' presentation to the Judge

1 Like

(Guest)

@ Krishna

Q1.  Why she wants divorce? 

Q2. Whether u want to live with her? If yes, file a plaint for resitution of conjugal rights. If u want divorce then it will be better to both of u to act maturly and take divorce by mutual consent. Then u need not to give maintainance to your wife.

Q3.  Higher the allegations lesser chances for re-union. So engage a lawyer, don't initiate the case on your own. 

1 Like

Ranee....... (NA)     02 August 2012

Hire a good lawyer, pay him fees for certain period of time in life, get good result in your case.

or

fight your own case(you said u r nt an advocate )and pay wife 50L or for whole life!

now u decide.


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