anonymous70 (Unemployed) 25 April 2014
Hi Members
Divorce petition is filed in person. Summons have been served to opp. I am unemployed, so what steps can I expect from opp.? The opp. is self employed. I filed under 13(1)(ia) and (ib). We r not living together for last 12 years due to false cases filed on me and my family members.
Anonymous 70
Dr J C Vashista (Advocate) 26 April 2014
Repeated query from anonymous 70
anonymous70 (Unemployed) 27 April 2014
DR JCV
It is not a repeat query. 125 Crpc which will be enforced on me.
Anonymous70
T. Kalaiselvan, Advocate (Advocate) 27 April 2014
What prevents you from disclosing yourself while posting queries here?, however, since you are confident enough to challenge her claims, go through it. The burden of proof to prove your income will of course lie on the opposite party who claims maintenance from you, if you are unemployed but having any other source of income, that also will be taken into account, so think about that aspect too.
anonymous70 (Unemployed) 27 April 2014
I have filed this petition in person and don't want opp. to know, this is the reason. I am unemployed and do not have any other source of income, the opp. is also aware of this fact. I am borrowing money from friends. Can the family court enforce 125 CrPc ? What are the other possibilities, the family court can enforce maint.? I have daughter who's 14 yrs old.
Anonymous70
Dr J C Vashista (Advocate) 27 April 2014
Yes, the family court can enforce and for non-payment can put behind the bars.
anonymous70 (Unemployed) 27 April 2014
That's fine with me. Now what is the length of serving jail term?
Dr J C Vashista (Advocate) 28 April 2014
One month's SI (exendable) or payment which ever is earlier.
anonymous70 (Unemployed) 28 April 2014
I am fine with the jail term. Will there be any attachment of movable property?
Anonymous70
Dr J C Vashista (Advocate) 29 April 2014
Yes, the court may attach your property to satisfy execution petition
anonymous70 (Unemployed) 29 April 2014
Any other advice in regards to the opp., having substantial source of income?
Anonymous70
Dr J C Vashista (Advocate) 30 April 2014
Be in contact with your lawyer
anonymous70 (Unemployed) 01 May 2014
Thks. for the advice. I thank all members of LCI for timely advice.
Anonymous70
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