False allegations in lawyers pvt notice

1.   You have to be careful when wife files RCR if you have assets r/w income drawn from a employer and intention is not to bring her back to same status before acrimonious litigation – notices started.

2.   The above is a hint which becomes reality if she wins RCR and against its Execution she claims above relief from Execution Court and later turns non abiding by you of decree of RCR into hands down Divorce in her favour.

3.   Donot come back stating you have no assets no income etc. Even so if you donot wish to bring her back then decree in RCR is equal to divorce in limitation period in favour of her.

4.   Hence prove allegations paras in a divorce petition may be filed by you and counter RCR allegations in a S. 125 CrPC if any filed by her side as she is alleging somethings which are not meant for a constructive matrimony and are wrong and hence denied due to such and such facts / annexures by me and same may be admitted as material records of the court file.........

5.   Notices are sent for fishing purposes to know other sides mood and plan and normally have no value in question under Family Law is my view.   

@tajobs.

Thank you very much for your kind reply

just wanted to seek your advice futher:

i filed for divorce after i received the pvt notice and RCR notice

she has also filed 125 and interim and HMA 24 on me. in 125 case she claims she doesnt have any work experience and cannot work. hence she wants money

she is  Bcom mcom and mba, i dont know where she is working right now as she is not with me

i have some shares holdings in my dmat account and bank FDs . do you advice that i break away the fds and share holdings? i am presently working in a pvt company and drawing a salary of Rs 16000 pm (will my salary be attached? even when i start paying in 125 case. as i know i will have to pay, as i dont know if she is working or not).

pls suggest the best way to deal with this. will really appreaciate your advice.. thanks

This is a subjective question and unless one has complete brief and Chamber meetings with client answer elicited becomes speculative.

In your case a junior level advocates approach would be to send client for 4 days to snoop where she is working by telling client to take leave of absence from work in mid week and proceed to wife’s city (which may be in another State) and hire for four days local car having black films on its windows and station at around 7.30 am nearest to wife’s house and follow her to her destination and from her destination follow her back to her home. If pattern found for next three days then that is where she goes for works is established. He would also suggest to client to hire everyday different taxi. Now it may be a case at alighting destination there may be number of offices in that building, then suggested to take help of cab driver to follow her by foot all the way to her office and get her office address but here do give before hand cab driver several pamphlets of any local take – away joint (restaurant) to give the same at reception at her working place and take visiting card of the organization from reception. This is a simple exercise yet non-invasive to any once personal privacy and till divorce decree not in hand a husband cannot be said to ‘stalk’ her own wife. If the cab driver is young at heart and found of helping nature then one may even give a spy pen camera to him to carry in his top pocket and these cameras donot cost now-a-days bomb. While trailing your wife on foot from parking all the way to her office movie is being made showing her going to an establishment with time / date digital stamp which is also admissible in Court. Same thing can be done by asking establishment security guard what are office timings i.e. trailing her from office at closure time all the way to her home with time/date stamp digital movie as used later for Evidence for any alleged denial!!!

Once the client comes back to his home city then in instance quasi – civil maintenance case of S. 125 CrPC the junior level advocate can seek clients instructions and file S. 91 CrPC Application to call for complete records of employment from her organization's HR / Management.

These type of activities work when alleged to be said destitute wife is working in a brick and mortar establishment and may fail through if home tuition – internet work she is engaged in for that other methods are there to find out.

Whereas in case of a seasoned advocate handling such briefs he would submit merits of the case and show her para by para allgeations as false pleas; no case made out against client; bald allegations of neglect; unclean hands etc. all the way till several superior Courts and bring justice for you.

Regarding disposing or retaining shares et al I donot wish to comment as it is made out to be nobody’s case.

Now see where would you like to stand in such diverse approach.

If though line is that ‘I have pay something’ is there then simple reply is why waste LCI’s bandwiddth; the reply then is ‘less than half of once salary is awarded from date of such Application in similar cases pan India’.  When after Execution award payment not made after all due liberty awarded to respondent wife then jail term equal to 1 month maximum during each Execution is awarded. It can be 2 days or maximum 30 days but then such awards gets accumulated and never gets waived off which is extreme scenarios. All these are well discussed well here instead of re-inventing wheel.

BTW litigation under family law for clients has now become full time job worth taking up in its right spirit at the end of dark biased several dozens judicial wisdom scenarios now-a-days hence your screen name here is material for a larger cause 

[Last reply]

@TAjobs....thank you very much for your indepth guidance....really very helpfull. thanks again

Originally posted by : Tajobsindia
	In your case a junior level advocates approach would be to send client for 4 days to snoop where she is working by telling client to take leave of absence from work in mid week and proceed to wife’s city (which may be in another State) and hire for four days local car having black films on its windows and station at around 7.30 am nearest to wife’s house and follow her to her destination and from her destination follow her back to her home. If pattern found for next three days then that is where she goes for works is established. He would also suggest to client to hire everyday different taxi. Now it may be a case at alighting destination there may be number of offices in that building, then suggested to take help of cab driver to follow her by foot all the way to her office and get her office address but here do give before hand cab driver several pamphlets of any local take – away joint (restaurant) to give the same at reception at her working place and take visiting card of the organization from reception. This is a simple exercise yet non-invasive to any once personal privacy and till divorce decree not in hand a husband cannot be said to ‘stalk’ her own wife. If the cab driver is young at heart and found of helping nature then one may even give a spy pen camera to him to carry in his top pocket and these cameras donot cost now-a-days bomb. While trailing your wife on foot from parking all the way to her office movie is being made showing her going to an establishment with time / date digital stamp which is also admissible in Court.

Oh my god an invitation to IPC 354 D stalking  for both cab driver and junior advocate .

The time frame seems to be getting you crazy.

Nothing is happening is the only issue at hand for you.

Many things will happen, but at a slower pace.

Sabar ka phal meetha nahi khatta hota he, kyonki yeh pyar ka chakkar nahi, court ka chakkar he :-))

1.  His wife has filed RCR which means she wants to re-unite.

2.  It is but natural they are not yet divorced.

3.  If in opening submissions he creates doubt such as that he went to meet his wife in absence of any’ cease and desist Order' to talk it over, can it be said that husband is stalking his wife ? The reply is NO.

4.  Now let us shift attention to cab driver in such situation. Well he is said to be messenger between ‘husband and wife’ as being local he knows the local places well compared to a husband who is casual visitor to that city for the purpose of re-union of spouses. Remember all / any efforts which brings re-union is said to be made in good intentions and cannot be given criminal angle most often. Hence can it be said that the cab driver is stalking? The reply is NO.

5.   Now let us point same double barrel on Junior level Advocate. The @ Author of the post is simply a client to a professional and feeling for the matrimonial issue in hand that client's wife has filed RCR it is his first duty to advice to his client to break ice i.e. re-unite; but how? Well it is within his line of advice to suggest to his client to go and meet your wife in her base city so she feels more comfortable talking freely of her feline feelings with you and may be based on such advice two spouse are able to re-unite and need not have to face acrimonious litigations forever before various Courts! What is clients marriage after all for a Lawyer; try efforts as much as possible to re-unite clients, is it not what Court gives direction to Advocates of parties to see possibility of parties re-union? Moreover the Advocate himself was not physically present at citing place(s).  Hence can it be said that the Junior Advocate is stalking? The reply is said to be reasonably NO.

Only one doubt needs to be created under Criminal Law and rest allegations falls like pack of cards.

Illustration:
A matrimonial hearing is there in a Family Court. Both wife and husband are present in Court and advancing set of respective submissions. The hearing gets over. The Court room is long way from Exit Gate. It is obvious that wife will prefer walking fast to Exit gate being parda woman and obviously husband will also like to reach the Exit gate talking with his advocate thus keeping a distance as he is walki the talk with an advocate. Can it be alleged by wife that both husband and his advocate are ‘stalking’ me? The reply is NO.

BTW, elasticize same scenario and unfortunately it is seen that both husband and wife as well as husbands advocate almost live in same locality. (unfortunately) That day the advocate did not have any more court appearances and while wife was walking fast ahead to the Exit gate her husband and his advocate were walking behind and it is shown that all three took same bus to reach their respective destinations which is later found to be in same locality where wife resides.  Twist all these little more and let us allege same events happens in almost many Court hearing dates. [Remember a junior advocate most often does not have many case files hence assume husband is his first - second or third client for the subsequent eventful alleged dates]. Can it be alleged by wife that both husband and his advocate are constantly ‘stalking’ me? The reply is NO.

Now what was your short change inference earlier @ Stanely J

[As usual last reply]

	5.   Now let us point same double barrel on Junior level Advocate. The @ Author of the post is simply a client to a professional and feeling for the matrimonial issue in hand that client's wife has filed RCR it is his first duty to advice to his client to break ice i.e. re-unite; but how? Well it is within his line of advice to suggest to his client to go and meet your wife in her base city so she feels more comfortable talking freely of her feline feelings with you and may be based on such advice two spouse are able to re-unite and need not have to face acrimonious litigations forever before various Courts! What is clients marriage after all for a Lawyer;( its a materialistic greedy world be it a human being or a lawyer .Abstract as much vitamen M as possible no matter in which direction they fall  )try efforts as much as possible to re-unite clients, is it not what Court gives direction to Advocates of parties to see possibility of parties re-union? Moreover the Advocate himself was not physically present at citing place(s).  Hence can it be said that the Junior Advocate is stalking? The reply is said to be reasonably NO.

For the blue font . Now days very difficult to find or see re-union although most of the courts have meditation centers although court would advise or give direction for reconcillation but the call of the hour of a greedy lawyer is Divide and rule and thou shall make thy Money   

1) File Dv act . Claim compensation under section 22 of the act .

2) File 498 A to tame opposite party and look for settlement with XXXXXXXXXX..

3) Abstract XXXXXXXX amount for settlement out of which Lawyers cut  is XXX %

4) File maintanence u/s crpc 125 .

5) File HMA 24 .

6) File Divorce .

Now when N no of cases are filed even a junior level greedy Lawyer would charge at least  Rs 5000 for the above cummulative above cases . Now if case runs for 5 yrs say than greedy lawyer earns 3 lacs from one client  .  X 10 clients per month equals to XXXXXXXXXXXXXXXXXXXXXXX . Although well accepted and said that  all are not  like this .

These courts do not understand one thing, after all talks did prove beneficial, only they couples approach court for divorce, as one knows if you touch fire it will burn, so after good thilnking only they approach court, but exceptions are there for any case.