What if signature are strange & different in divorce notice?

Originally posted by : Tejal

Openning take:
What exactly you filed S. 498a for? For putting him behind bars or for staying with him? No need to reply to forum, reply to yourself which is essence of your below paras.

1..i wanted to know that without starting a trial for 498a  can he file a case for divorce & what if 498a will prove true ? Is he still alegable to get benifits of his own wrong ?
Take: Both cases are on different footings and tried by different Courts. If you prove your allegations in S. 498a he will be convicted. If you are not able to prove then that will become grounds for Divorce under mental cruelties. However even if you prove and his divorce is dismissed then in most of the below paras you are saying I want to live with him, by filling S. 498a no one changes drinking / gambling habbits is my view and your and your advocates view may differ which is natural!
Addendum take: If I recollect your past thread posts, then you have correctly fallen into the trap of my fellow brother advocate on advise of filing S. 498a. Such IPC sections are used for extreme cases and not for drinking / gambling change of heart of husband and yet sayign "I want to live with him" !!!!.

2. I have started studing LLB from 5 days .. He mentioned in his notice that he is un employed & i am a business woman ..Which is not true....Can i mention in my reply as a student of LLB ?
Take: Yes it can be mentioned. However Legal Aid Services are there for litigants who cannot afford Advocates. On tax payers money you can get one such Legal Aid by approaching District Courts Legal Aid Center.

3.. He is not working anywhere but he transfered all his earnings which he earned from abroad on his father's name & he is also having 8-10 laks on his name as FDs , having insurance of abt rs 8 laks ..& their parents' income from interests & pensions are abt 1 lak per months which is true & can be proved by IT departments...........Abt me my father is investing abt 1-2 laks in my demate account from 10 years & right now i m  having a loss of 80 thousands in my scrips & scrips are abt  1.5 laks in my account which is not mine as i havent worked any where ...does this consider as a business or stridhan or a loan from my father which he use anytime he wants ..?
Take: These are trail matter bringing best evidences on his "ability" for income from your side. Demat investment is yours and is "income" in your hands irrespective who paying for it. A "loan" does not "generate income" and on your name maintained demat a/c cannot be considered as loan from father. It is not stridhan as investments purposes loan given and from which demat a/c maintained are not considered as "stridhan". To me it is more a speculative trading of your father which is besides the point I am making !

4...My all the stridhan (also the gold which was given to him because just before 20 days he caught by police for gambling & drinking with his 10 friends at my inlaws home , it was the news of the next day paper) are with them so can i claim them now as my husband is unemployed & will not maintain me in future even though he has a healthy body & experiences & living on his parents "Bhikh " ?
Take: All your stridhan you can claim if it was as per List as per Rules via S. 27 HMA or via S. 406 IPC proceedings. Same ways a healthy woman with qualification sits at home in generic cases can you say same for such healthy qualified woman cases that you have read till date in LCI - I never saw same comment to their briefs from you (which is besides the point I am making)! No, because it is nobody’s case here J  

5.... My hubby is saying him self bekar bhikhari & getting bhikh from his father.So he is geting financial help from his father his father is crorepati & giving bugs to police & lawyers for his dawery cases & drinking & gambling  cases & divorce cases..but my father is not rich as he have one more daughter too...If he selll the all the shares of 1.5 laks i dont think it would be enough...So for starting a court procedure how can i get money from their side " Can i reply in simple writing that " I dont have money to hier a lawyer to file a reply as per the languge of laws "?
Take: File a case for S. 24 HMA against his Divorce for litigation expenses. Also approach Legal Aid Center for appointing on taxpayers money a advocate from their panel for you. 

6..& what reply should i file? for reconcilation  like " all the alegations are false " He haresed me & through me at home as i didnt providing him money for drinking & gambling ..i m always ready to live with him  but he never tried to reconcile with me nor came to take me back ..I m always ready to live with him if he earns & maintain me so pls cancel the aplication or for opose only " like all the alegations are false &He haresed me & through me at home as i didnt providing him money for drinking & gambling & without proving the alegations made in 498a are false he can not get a divorce deecree by getting benifits of his own wrong so pls cancel the applications ?
Take: Legal language / drafting should be left with seasoned Advocate. First approach Legal Aid Cell for alloting panel advocate to you and factually tell him the facts he will rebut accordingly in the language of the Court.

7....Does any one have formats of the reply of the divorce notice ? what replies does the lawyer give to the divorce notice ?
Take: Each case facts / rebuts are tailor made and there cannot be 'format" 
 
8....My inlaws had demanded 20 laks & now came to 10 laks .. i have a email & recording profes regarding this should i show e-mails with my reply ?
Take: Your appointed Lawyer will tell you appropriate time for presenting the evidence. Follow his directions.