Dv and divorce

hello Ajay,

please find my response to your queries

 

1. Will I have to pay maintenance for kids, even if she is earning more then me?

>> It depends upon factors how you contest your case but if contested well than you can make maintenance as ZERO or minimal

2. How do I prove in DV that I was also contributing towards household expense.

>> There can be direct evidence like if you are paying for any utility bills grocery thru credit card or cheque and than certain evidence can be leading to reflect your contribution toward the matrimonial home.... again depends upon the merit of the case

3. Can I claim 50% of flat, since it is in joint name?

>> Yes

Will contribution make any difference in decision?

>> Contribution as?

4. Can I force her to sell the flat and give me my share?

>> You need to consult some expert on the said subject

 

 

Originally posted by : Ajay Sharma
	XXX Her salary is about 45K, mine is about 35K My questions are as below: 1. Will I have to pay maintenance for kids, even if she is earning more then me? Take: Child maintenance is always co-extensive. Means if both natural parents earning they share the award of maintenance equally. This is what you have to contest as and when ref. case progresses in concerned Hon’ble Court. 2. How do I prove in DV that I was also contributing towards household expense. Take: It is common sense that two kids need cloths, toys, books, extra-curricular subscripttions, medicine (if any), pocket money + two adults also needs cloths with accessories, entertainment, guest clubbing, family vacations, medicals, investments + a middle class couple also saves for the future etc. etc. make Excel worksheet of both and annex a sworn oath affidavit while submitting the same to concerned Court and then see how she / her side can vouch that out of her 45 K she not only spent on EMI + tuition fees but even paid to dodhwala, presswala to bhajiwali and to kaamwali too. I mean she cannot do all that payments out of 45 K – unbelievable in today’s abala yug!That is the doubt you need to create in Court and then the case is well settled. 3. Can I claim 50% of flat, since it is in joint name? Will contribution make any difference in decision? Take: I find this question interesting as I hear it in forum first time. In my opinion YES you can claim your 50% share and let this be bargaining chip for you to grant her  ‘freedom’ from marriage bond with you. Stick to your 50% share till the end when table mediation happens. However be known the legal fact is that whosoever pays for the EMI or Title of the property is Owner of the property but since almost all abalas now-a-days stick to husband’s paid self acquired property and seek 50% share during divorce then I say why not you be role model for readers (husbands squatting with their cases here) is what I mean indirectly. 4. Can I force her to sell the flat and give me my share? Take: Yes you can if she is seeking her freedom from you. Hindu Law or more so family law is adversial so all ‘demands’ are reasonable is my view J Stick to this demand till negotiation as per your whims and fancies happens. Let her have sleepless nights same way almost all husbands having self acquired properties are undergoing through.

 

Thanks @Vikas,@ Sufferer,

By force, I meant legally by way of an order.By contribution, I meant contribution in paying for the flat.

What are the chances that that the flat will be 50-50 split?  I heared some cases where the flat ownership was distributed in ratio of contribution in payment done by husband and wife.

Regards,

Ajay

Thanks @Tajobsindia,

I missed out one thing, during one of the arguments, I had pushed her and she fell down, She got MLC done for that which showed bruises on her Arms and tenderness in shoulder. 100 call was also made for this, though police didn't file FIR, rather put it as 323 (non cognizable). Can this make things difficult for me? How do I answer that..

Regards,

Ajay

 

1.    Depends who is ld. advocate of yours !.

2.    Ideally either spouse should never resort to “alleged physical acts” at all even in best of heated matrimonial arguments behind closed room.

3.    The 'wordings of the police report r/w witness testimony' may further answer your this question since you are preview to them.

4.    However may found ‘acquittal’ if properly handled by a ld. advocate practicing pure criminal laws, amounting to;” that there was also no adequate proof of any motive; that it was not a pre-planned attack; and that the testimony of P.W. X and P.W. Y who were examined as eye-witnesses to prove the occurrence could not be safely accepted and acted upon as true” and for the same refer to advice of your hired advocate.   

[Last reply]

Hello .. My cousin got married in January of 2012 in Kolkata .Sufficient dowry money , furniture,bike, gold was taken. She left for Hydrabad in April She stayed there for two months after which she came back(June) to give her final exam in MA in kolkata.She topped the exam.She returned in July again .But within one month she came back to kolkata and is staying with me ever since . it is a arranged marriage.The marriage happened after one and half year of engagement. The Groom never entered into a conjugal relationship and continued to maintain relation with his girlfriends before the marriage, even bringing them to home on nights while he maintained distance from the wife. In the first week itself, he told my cousin that he did not like her because she was not modern.When my cousin started complaining ,he said that it is his house and he will continue to bring his girl friends. The girls parents was called on several occasions to the house in Kolkata and were abused.Out of stress and depression , the cousin attempted suicide and was in ICU for three days in kolkata.We tried to reach the groom on several occasion but he has changed his contact number .We somehow got the new number and when we contacted , she was rudely told that he wants a divorce and he does not wants to continue the marriage . We have tried everything so that the marriage works out .But now it seems that there is no other way . I wang to know that what are the options left for the girl , legally,. I do not want such a thing to happen to any other girl in life .

Thanks @Tajobsindia,

I have started to gather documents to file my answer for DV case. My wife had made few complaints with Police and my department (which is also police), I got all of them through RTI, in May this year, we had done compromise on one such complaint done to my office, in front of inquiry officer, where just to close things I had written. " Whatever allegations my wife has made, I will not repeat them in future, I accept my mistake and will try to live peacefully with her and work for future of my child". Can this be used against me as admition of guilt?? this has been witnessed by her father, a sub inspecter and one inspector.

I am really strugling with evidences, she has all the documents, reciepts, bank statements and now this.

Looks like I am screwed...