Hello Experts,
Need your kind advise - one of my family friend is facing divorce litigation from his wife - husband almost a senior citizen, was on a very senior position but lost the job in his early 50's. Wife deserted him 5 years back, ransacked the house with all her belongings, all jewellery from the locker, withdrawn entire money from the joint account, took away even the silver gods from the house temple. Husband did not file police case since he knew that she was under pschiatrist treatment. She first filed maintenance case - withdrawn it in few months to return back to husband. Then filed divorce case after one year in 2011. Please guide as under
1. She has filed divorce case full of allegations
2. Filed interim maintenance
3. Filed petition for injunction on the only house in Mumbai - house only in husband's name since it was bought from his earning and company loan
Husband fullfilled his duties - gave the only daughter with world's highest education i.e. complete education in US - she is MD medicine in US.
There were few counselling since husband wants her back from day one. He is not in favour of disintergrating the family at this age when both are in late 50s. Since the wife is not ready for cohabitaion, he has filed RCR as counterclaim to divorce petition.
There were several change of Judges in the family court. There was a new judge in the last date where the interim application was taken. He gave some negative remarks against the husbands which we feel a Judge should not make in the Court room. He behaved very biased and anti-husband and is going to pass the order for Interim maintenance in the next date and both the parties have to submit their bank details in one of the in-between date.
No my query is - can he pass interim just on the basis of the bank details without any arguement on the application. Also can the husband appeal/bring stay on the interim order. Kindly guide what he should do. Please not he has only some small capital which he has saved before the year 2000 and need for his old age, there is so source of income since last 4 years.
Will be grateful if you can guide this elderly gentleman
