LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajeeb   26 November 2017

Need advice on interim alimony - appeal at supreme court

Our divorce case is running since last 5 years and in the middle stage and district judge rejected interim application..

Subsequently my FIL files case in high court and later due to too much delay in high court after 1 year my advocate without proper communication, and he filed that we are willing to pay 30, 000 per month as interim..Later again I prayed to amend the amount to 6,000 per month and now highcourt rejected my amendment filing and ordered to pay all arrear since last 3 year @ 30,000 per month...

About myself, I work in a small company in HongKong with my salary of around INR 1,50,000  / - pm.. However in this costly city this nothing and hardly I save 15 to 20 K per month..All my salary slip, my liability towards my elderly mother al submitted in lower court.. She is MBA holder and was manager before marriage and now she do some part time job (without record) near to her house..

Now I am thinking to appeal in supreme court..Can you please suggest on followings,

  1. Is it good idea to appeal at Supreme court? I heard that in Supreme Court getting rejection of such cases are around 80%, Is it true?? My main appeal will be on the interim and get direction to finish divorce case in few moths time..

If advocate fees pay around 1 kakhs and spending time after 4 to 6 months is good idea to proceed to supreme court? How is the chances to get relief in the supreme court? Please suggest on time length of appeal period in supreme court after the order declared by the high court?

  1. All the money what I pay during interim (as per order now it will be around 8 lakhs rupees) will be deducted from the final settlement amount upon granting of divorce?
  2. Now seems to be there is some chance of getting effected in my current job and if any changes happen in my job (either make part time to spend time in court to fight the case and there is chance of termination from the company)..In such case can I appeal in high court again “based on the change in circumstances” or should I include at a time in supreme court?
  3. Recently I detected with very high diabetes and liver problem..Should I project in the court this matter?
  4. Finally in case I cannot able to pay the huge sum then what action court will take?


Learning

 9 Replies

KISHAN DUTT KALASKAR (Advocate)     26 November 2017

contact in person

 

My initial mobile/personal consultation  fee is Rs.2,000/- Drafting of Legal Notice fee Rs.5,000/- Drafting of any petition to be filed anywhere in India in any Court will be Rs.10,000/- Drafting of written arguments fee Rs.10,000/-. Online Services will be rendered on submission of documents by courier or scanned through e-mail For Local Bengaluru cases, for every appearance Rs.2,000/-. If interested contact me at the following address:

 

Kishan Dutt Kalaskar

No.74, 1st Floor, 6th Cross,

Opp: Beauty Parlour,

Malleswaram,

Bengaluru-560003

Mob: 9686971935

Land Ph: 080-23461189

E-Mail: kalaskarnetra@gmail.com


(Guest)

If you got diabetes and liver problem get meidcal certificate from govt doctor, give to court. If you lose job tell court. stop paying alimony.  File change in cirucmstances applicatoin. In 5 years u should have got your divorce. Sadly u are still roaming to court.

What you paid is gone. Now if there are grounds court will grant divorce or simply dismiss it.

I suggest, you simply withdraw ur divorce petition, stay married.  You wont have to pay alimony. GO to some other country and live happily.

Dviroce petitoin needs to be carefully drafted. It is very difficult to get divorce in India. 

You might have already spent a lakh or two on the present lawyer, make use of him.

And also think about my suggestion which suits your situatoin best.


(Guest)

If you got diabetes and liver problem get meidcal certificate from govt doctor, give to court. If you lose job tell court. stop paying alimony.  File change in cirucmstances applicatoin. In 5 years u should have got your divorce. Sadly u are still roaming to court.

What you paid is gone. Now if there are grounds court will grant divorce or simply dismiss it.

I suggest, you simply withdraw ur divorce petition, stay married.  You wont have to pay alimony. GO to some other country and live happily.

Dviroce petitoin needs to be carefully drafted. It is very difficult to get divorce in India. 

You might have already spent a lakh or two on the present lawyer, make use of him.

And also think about my suggestion which suits your situatoin best.

Rajeeb   30 November 2017

Dear Adv Malhotra,

Many thansk for your suggestion.. I am planning to move to supreme court..and want to make a try..

If supreme court also never hear, then once I loose job, I will apply for change in cercumstances..As such I dont have much parental property...

I am planning to continue paying 5000 pm in district court..

 

Now if there are grounds court will grant divorce or simply dismiss it.

 

Can you please suggest what is the meaning of "Simply dismiss it"?

 

My interim was suggested by my advcate and based on that it is awarded....Can I appeal for 3rd time at Hogh court that the matter was not reviewed? or Should I proceed to Supreem court?

As you mentioned I can withdaw the petition adn stay married.. Problem is that later she may file many other cases, like RCR and other things and if I will not take then I may simply meshed up..
 

Please suggest in this regards..

 


(Guest)

Interim alimony is lower court say.  Even supreme court will not interfere in the lower court order when it comes to IA.

It is waste to go to HC or SC regarding this.  Only advocate will make money.  plus yo uwill have to clear old dues before filing pettion.

Inestad of that you file cahnge in cirucmstance application in the family court and clear old dues.  Court will surely reduce your iA burden.

But how long will you keep paying IA? for another 20 years?

After divorce petition is decided and divorce pettion may be rejected or awarded, nobody can tell what will happen.  But if your wife filed 125 applicaiton, court will grant same to wife, yo uneed to pay until you die or until she dies.

Insted of all this, simply pay her one shot alimony and get rid of whole headache of paying aliomney once and for all.  If you dont have any good work to do, then keep running behind HC and SC. Courts cannot give any solution to marriage problems.  They can either order alimony or grant divorce or reject divorce petitoin and make warring couples lose their lives in court halls/varandas.

 

 


(Guest)

Interim alimony is lower court say.  Even supreme court will not interfere in the lower court order when it comes to IA.

It is waste to go to HC or SC regarding this.  Only advocate will make money.  plus yo uwill have to clear old dues before filing pettion.

Inestad of that you file cahnge in cirucmstance application in the family court and clear old dues.  Court will surely reduce your iA burden.

But how long will you keep paying IA? for another 20 years?

After divorce petition is decided and divorce pettion may be rejected or awarded, nobody can tell what will happen.  But if your wife filed 125 applicaiton, court will grant same to wife, yo uneed to pay until you die or until she dies.

Insted of all this, simply pay her one shot alimony and get rid of whole headache of paying aliomney once and for all.  If you dont have any good work to do, then keep running behind HC and SC. Courts cannot give any solution to marriage problems.  They can either order alimony or grant divorce or reject divorce petitoin and make warring couples lose their lives in court halls/varandas.

 

 

Rajeeb   30 November 2017

Dear ADv Malhotra,

Many tahnsk for your valuable suggestions..

Just to clarify you..

District court (Lower court) : Our divorce case is running since last 5 years and in the middle stage my wife filed for interim maintenance and district judge rejected interim application. 

Higher court:  Subsequently my FIL files case in high court and later due to too much delay in high court after 1 year my advocate without proper communication, and he filed that (with out going through the marit of the case, as time is going for both parties) we are willing to pay 30, 000 per month as interim..Later again I prayed to amend the amount to 6,000 per month and now highcourt rejected my amendment filing and ordered to pay all arrear since last 3 year @ 30,000 per month..

Summary: Asin lower court where witnesing was in process where magistrate rejected interim and with out going through the marit in high court this judgement was come up, so on that basis I requested my query..

Please suggest me on this..Basically I dont have capacity to pay that much amount..

 

 


(Guest)
Originally posted by : Rajeeb
Dear ADv Malhotra,

Many tahnsk for your valuable suggestions..

Just to clarify you..

District court (Lower court) : Our divorce case is running since last 5 years and in the middle stage my wife filed for interim maintenance and district judge rejected interim application. 

Higher court:  Subsequently my FIL files case in high court and later due to too much delay in high court after 1 year my advocate without proper communication, and he filed that (with out going through the marit of the case, as time is going for both parties) we are willing to pay 30, 000 per month as interim..Later again I prayed to amend the amount to 6,000 per month and now highcourt rejected my amendment filing and ordered to pay all arrear since last 3 year @ 30,000 per month..

Summary: Asin lower court where witnesing was in process where magistrate rejected interim and with out going through the marit in high court this judgement was come up, so on that basis I requested my query..

Please suggest me on this..Basically I dont have capacity to pay that much amount..

 

 

Any sane person will not ask question after reading my reply. 
You surely appear to be out of your mind.
You read my reply carefully 3-4 times, and try to follow it.
If you don’t have any money at all.  Inform the same to the court.  And see what the court will do.
Most probably court will take you into judicial custody for not paying alimony.
You will spend the rest of your life in jail, if you want to come out, you have to clear old dues.  Dues will keep piling up till you pay.
Yo ucan approach sarkari bank for loan to pay alimony dues.  Am not sure banks have come up with loans for this purpose, but they came for loans for marriage long back.  You can contact SBI or SBM or some other bank, canara bank etc.  don’t go for private banks, they will loot you further more like your dear wife.
I don’t want to suggest go underground, abscond.  You are not vijay mallya to go abroad hiding.  Just for simple matrimony case you need not go abroad (even if you want to you say u don’t have money, how will u go England? U know to swim?).

You need crooked lawyer to get you out of this mess.  You change your lawyer.  That is one more advice which I would like to give you.  I am giving you free suggestion, in my professional limits.
If you want to hire my services, I can guide you how to get out of this mess.  You put money into my account, I will guide you appropriately.


(Guest)
Originally posted by : Rajeeb
Dear ADv Malhotra,

Many tahnsk for your valuable suggestions..

Just to clarify you..

District court (Lower court) : Our divorce case is running since last 5 years and in the middle stage my wife filed for interim maintenance and district judge rejected interim application. 

Higher court:  Subsequently my FIL files case in high court and later due to too much delay in high court after 1 year my advocate without proper communication, and he filed that (with out going through the marit of the case, as time is going for both parties) we are willing to pay 30, 000 per month as interim..Later again I prayed to amend the amount to 6,000 per month and now highcourt rejected my amendment filing and ordered to pay all arrear since last 3 year @ 30,000 per month..

Summary: Asin lower court where witnesing was in process where magistrate rejected interim and with out going through the marit in high court this judgement was come up, so on that basis I requested my query..

Please suggest me on this..Basically I dont have capacity to pay that much amount..

 

 

Any sane person will not ask question after reading my reply. 
You surely appear to be out of your mind.
You read my reply carefully 3-4 times, and try to follow it.
If you don’t have any money at all.  Inform the same to the court.  And see what the court will do.
Most probably court will take you into judicial custody for not paying alimony.
You will spend the rest of your life in jail, if you want to come out, you have to clear old dues.  Dues will keep piling up till you pay.
Yo ucan approach sarkari bank for loan to pay alimony dues.  Am not sure banks have come up with loans for this purpose, but they came for loans for marriage long back.  You can contact SBI or SBM or some other bank, canara bank etc.  don’t go for private banks, they will loot you further more like your dear wife.
I don’t want to suggest go underground, abscond.  You are not vijay mallya to go abroad hiding.  Just for simple matrimony case you need not go abroad (even if you want to you say u don’t have money, how will u go England? U know to swim?).

You need crooked lawyer to get you out of this mess.  You change your lawyer.  That is one more advice which I would like to give you.  I am giving you free suggestion, in my professional limits.
If you want to hire my services, I can guide you how to get out of this mess.  You put money into my account, I will guide you appropriately.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register