Hari Prasad (service) 21 July 2012

Gender inequality/right of equality

Dear All

I got married in 1993,and from day one my ex-wife started demanding for divorse.94 my son was born and because of him I have not applied for divorce but in 2009 when it was unbearable by both me and my son ,I decided to file divorce, and in retaliation she made police complaint on DV and dowry harrasment for 5 lakhs and police booked a case of 498A and put me in jail for 3 days.

SInce then me and my son has no contacts with her though we both stay in hyderabad.

The lower court has dismissed my divorse( I have appealed in HC) and granted her 20,000.00 as maintenance though she has agreed in cross that she has recieved court notice in her office address but has told that after that she has resigned.she is well educated and has been working after 2007.

My son is staying with me since she left.

I appealled in AP high court against maintenance ,and submitted pic of her in office,facebook and linkin sreen shots with her recent pic in office.,we even went to her office but she had resigned from there also just after my appeal,she has so far changed 6 jobs in 4 years

.The honarable judge in just 2 session ,in the first he heared the pettion and said would giving final hearing in the next.I was happy that i neednot shuttle to court frequently and would grant a reasonable amount but the judge didnot take the cognigance of our proof and asked my ex-wife lawyer if 16000.00 ok , the her lawyer requested for 18000.00 ,reduced just 2000.00 and the learned judge gave his decission without even asking my lawyer if it was ok...so much biased.

I am planning to appeal in SC on the grounds of gender inequality,right of equality.

My socalled FIL is a retired BSNL DGM and MIL was a teacher in ZP school.my wife was educated in a good convent school ,had every opportunity for professional studies as her both younger sisters did.Her parents are educate to properly guide her in her career.Since she was uncontrolable they have married off .After marriage ,after seeing her sisters and friends ,her completed her B.Ed ,and all available computer coursed with my money.

My fathers financial staus was less that them and I slooged in school to get into good engineering college and pick up a covenented job and raised thr my hard work and dedication.I am in the same company for the last 17 years.

my contention is

1.why should I pay maintenance to her when both had equal opportunity for education.

2.She has been working for which I have submitted pic but that didnot hold good in HC.the judge was asking for ther salary sliip or some evidence from her office,which no company will give to a third person as it would be breach of agreement.(we approached her HR manager requesting for some written proof which the refused.

3.I have a net pay excluding HR of Rs 60,000.00,how is 18,000.00 justified,when she was earning 30,000.00 and, I have a grownup son who has to be joined in engineering and my old parents to lookafter.

I am sure ,as she did earlier she would takeup some job else where after this judgement.I have to leave my job and son to spy her.

my request is please advice me on what grounds should I appeal in SC.I have lost fait in judicial system.It is against contitutional right of equality.

please advice

regards

Hari Prasad.

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3 Replies

Tajobsindia (Senior Partner ) 21 July 2012

1. Before approaching SC the first thing you should do is kick your present advocate.
Reasoning:
He should have submitted before same Court to "call for her employer(s) with complete HR files of hers" and should have examined them on record. That was evidence which HC is asking you.

2. Anyhow, with limited "secondary" evidences that you say you have file before an Magistrate Court “Application / Complaint Under Section 200 of Criminal Procedure Code as amended and uptodated on behalf of the Complainant for the Offences Under Section 181, 182 / 405 / 406 / 420 / 425 / 191 and 193 of Indian Panel Code as amended and uptodated against above named accused”

3. With above application submit “List of witnesses” and get that allowed on date of admission of above while submitting merits of your charges.

4. Now once Court admits your above application you can call all the witnesses whom your earlier advocate did not think to call to help you in your case.

That is the material recorded proof "primary" evidences that will help you in dismissing her maintenance awarded earlier as well as she will face some good music if proved under above Sections of IPC and it will be very difficult "secondary" evidences that you say you have to even get dismissal of above application under S. 200 CrPC.

Frankly revieweing your briefs, I did not understand why divorce case was dismissed as not much whisper is there in your brief about it other than more about maintenance and she already in job and capacity to earn etc.?

Learn basics of Law and donot show ignorance of Law as you are above 21 years old.

1 Like

vijay (M) 21 July 2012

On what grounds was the divorce rejected ?