Divorce & alimony

As advised by Mr Anil section of maintenance case will depend on your religion 

I have attached the format of self representation

Keep on updating about your case. I will try to help you

Hi Anil,

Thanks for your suggestion on all the options available.

Thought about mutual settlement before but my husband is not ready to pay a single pie and if we talk about kid's maintenance in mediation, he is talking about taking the kid with him. He is so stubborn and won't listen to anyone in this regard.

I came to know that you can't address judge once you involve a lawyer. Is that true ?

Thank you Sachin for the form but i'm bit scared as i don't have minimal knowledge about law and sections.. Next hearing is coming up and my lawyer will be with me.. Can i address the judge directly before my lawyer about free legal aid or about party-in-person as i did'nt decide yet ?

I think you should get help from legal aid service or higher a lawyer who is not costly and him fees on hearing basis.

And firstly file an application for maintenance on next date.

Whatever the monetary claim you file, you should try to get a supportive documents like your child's school fee etc and your husband's ability to pay like his salary certificate or properties on name. Which enables the judge to grant the relief.

Thanks Sachin.. i think it would be better option  to talk to the desk before going to the hearing and file for interim maintenance in my next hearing. i'll keep you updated and stop me if i am going in wrong way..

Hi Sai Narayana, Thanks for the information..

I am planning to claim for interim maintenance.. I could provide my kids school fee receipt but i cannot provide my husband's salary certificate as he is doing real estate contracts and have no fixed income. Till the time we are seperated he did not file IT returns and I am not sure whether he is filing now.. I just know the bank name in which he is having account. How to go about it ? Can the court ask him to provide bank statement or such details from his end as i have no clue..

Hi Sai Narayana, Thanks for the information..

I am planning to claim for interim maintenance.. I could provide my kids school fee receipt but i cannot provide my husband's salary certificate as he is doing real estate contracts and have no fixed income. Till the time we are seperated he did not file IT returns and I am not sure whether he is filing now.. I just know the bank name in which he is having account. How to go about it ? Can the court ask him to provide bank statement or such details from his end as i have no clue..

Go to the bank yourself and collect the statement of account of savings and FDs for the period as much as you can. If both of you made any luxorious honeymoon trips or any outgoings, be ready with those photographs to show your family's life style which in turn shows his affordability. Any documents related to his properties will be bonus for you. Any facebook photos showing his posh lifestyle like outstation photos and 4wheeler by his name, also corroborate your version. And any previous school fee receipts pertains to the period before you were set apart were also useful. Please do remember, make your all moves calmly You have to do the ground work and your lawyer duty is to present them in court effectively.

respected Lady,  As per your first line "my husband applied for divorce. " so get this copy and see income proof what he has given, you will get the answer how much he is earning.

even if you are not able to prove your husbands income ,still he is bound to give maintanence to kid and you, just give rough idea to judge about his expences and all known bank details, property details etc. At the time of 125 or divorce case filing, husband has to provide his income proof and expences . at lower end of income Indian court can judge his income as per his education and state law for minium wages check this for karnataka , i do not know kannad language so cant tell exact amount but it should be near to 10-15k  https://labour.kar.nic.in/labour/notificationsonminimum.htm.

even though you have private lawyer but you can represent yourself by taking permission ank your laywer to ask judge that you want to convey your message , same message should be given in written format to judge , you can say that i m not having single penny for next month so kindly give some money at least for 2-3 month which can be settled in full and final settlement. you can qoute or take kids refference that i need to buy books school uniform medicin etc.

Any default in interim payment will lead to one month jail and its countinuing offence , so holding interim payment is not possible for your husband its strict direction from suprime court.

after getting interim order avoid 2-3 dates then go to court .

in the meaning go to state legal cell and ask for laywer appointment,

if nothing is helping then go to police station and lodge a complaint , but make sure if you are going to CAW cell then marriage is over and out as gents take this as an ego , so this should be last option. if you asking for 498a,406,DV 3&4 , then very little chance of saving marriage and this case will become state vs husband, only Highcourt can quash FIR that only after you agree with settlement and presence of yourself is required unless and untill very critical scenario avoiding you to attend highcourt.

but  as a Gent, I have few question,No need to answer all these because its your family matter , but think it for a minute and decide your future, 

your mediation failed , so its only for money or any other issue?

1. why and what happen , due to this situation occurs in life

2.why you left his home

3.why he is not having or asking for kid or giving money for him

4.why you donot filing case if things are not in place

5. for how many days you are not living with him

6. what happened so he directly applied for divorce and you do not want to contest.

I do not think any men is so much presurring to get divorce in India with current LAW, men are always avoiding Divorce due to fear of law. I met few people who told they do not want divorce but situation made them to do it

Why men avoid :

1. what wil say to his friends, neaghbour, relatives where is his wife esp when any function is there in home.

2.who wil marry again what is future with next

3.from where he will get money to give as maintennace , bribe, almony, laywer etc

4.who will take care of his child and old parents, who will make food if wife is housewife.

5.by the time divorce will finalised his age will be near to god.

6 depression .status of life , eye to eye contact , mockry in friend circle etc will happen informally everyday. 

there are many more ill effects. 

if your relation is not that much bad then just chill and give some time, it will become smooth and put pressure to mediation by elder family members from both side, give some ego issue and ask same to his that ego is not good.

Again " life is all about compromise "

Questions posted by Mr. Anil is very pertinent.

But I don't think Querist should answer them in a public forum.

The case of annoymity vanishes.

Further consultation should be with a legal advisor one-toone basis.

Online forums can only show the direction. But dealing same in online would expose the querist, which none wants.

Good luck

yes whatnot I agree with you thats why I wrote "No need to answer all these because its your family matter ,"

and people should not anwser these in public forum , but think what went wrong in past.

@Sai Narayana.. Thanks a lot and your suggestion was helpful..