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prakash (none)     22 September 2012

Need help - urgent

 

Hi,

 My spouse had filed divorce case an year ago. I received the summons only september 2012. the hearing is on 25th september 2012, Would it possible for me to ask the hon. judge to provide additional time to appoint an advocate? will the judge agree? seconldy my wife didn't mentioned in the bangalore court that the RCR is pending in chennai court which i filed on June 2012. The wife is interested in getting a divorce so that she can put maintenance.. so try INGall sort of things so that summon doesn't reach on time, summons were not submitted.

Also in the summon that i received  3 weeks go its told that i need to come to court in person on 25th september 2012, at 11 a.m.. I'm sure that the court always start at 10 a.m. in the morning, i don't why its mention as 11 a.m. in the sumon. 

 My spouse had taken my gold, house hold items + money . so i'm just depending upon my salay , if the court orders more alimony, it would be difficult.  How to ensure that i avoid / give less alimony, I've proof for sending money to her via bank transactions upto >10L would that be sufficent proof. to prove and avoid alimony. MY FIL, MIL &spouse had totally ruined my bank balance. I'm currently in a very bad shape from a monetary perspective..My salary is around 50k per month but need to pay rent 15k, house hold expenses - 10k and the 10k  for my parents who lives in anohter city (parents are old , they're retired and they dont have pension)

pleas reply.. its urgent..



Learning

 4 Replies

stanley (Freedom)     22 September 2012

@ author 

1. you can appear before the judge and ask for another date to appoint your advocate . Yes the judge has to  agree for this .Remember the judge is at your mercy and he just cant decide your case until and unless you appoint an advocate  wether the court starts at 10.00 am or 11.00 am you go at 10.00 sit down over there read a newspaper which would occupy your mind and divert your attention and tension . Your name would be called up and than you have to appear and talk to the judge  . Your first visit to the court would remove your fear of court .

2. While the divorce procceding's  are going on she can file an application for interim maintanence .But that would depend  on wether your wife is working or not .if she is qualified able bodied and working she want get any alimony. But if you have any kids you would have to provide for them and if your wife is working she would have to share the expenses of the children  . The court would see into your expenses and liabities and than decide alimony .

3. The rest of yours is a sorry tale as your heart ruled over your mind and she wiped out your account . Now hope better sense and wisdom will prevail upon you :) God bless you .

prakash (none)     22 September 2012

Thanks, Is there a way that i can avoid payment , becoz my spouse had taken 10L cash , i sent via online bank transaction + i've videos of my son's birthday celebration where the whole family (mine as well as my FIL family) are in. during the birthday (birthday celebrated in april 2012) she doesn't show any dislike / so. My parent put chain / gold items to my son. However the case was filed on August 2011 by her. Ideally in one side she is progressing the case and on the other side she is co habitaing until april 2012. Once i find the case, is filed the issue started.. would be these sufficient to prove that the wife is money minded , doing crutely to the husband bytaking money when the case is progressing from august 2011 and husbnad comes to know all these only in may 2012.

Do judges agree photo / videos as evidences in teh family court. to prove that i had taken care my wife well?? I lost all money that i save in 12yrs :( job. so i'm in sorry state of affairs.. financially

stanley (Freedom)     22 September 2012

you are not giving full facts of your case wether wife is working or not .For your son you have to pay maintanence at any cost and you can never avoid it. Once you appoint your  lawyer discuss with him these points . If free advise is given to you you will not heed it :)

prakash (none)     22 September 2012

she used to work and was earning around >30k salary a month and she used use this money for their parents and i never used to question them. now that i've son she says that just becoz she is unable to go to job and i need pay her 30k every month.Now she is not working..

I'll surely discuss this with the lawyer.. I was thinking that now that i had given >10L in cash by blindly beliveing her. Can't i say that the interest on 10L is >8000/- per month under 8% bank interest and i need not pay anything or ask her to retun all the money, gold (around 180gm) and my house hold articles..

Btw, thanks for all your inputs. Also even if i give alimony to my son also , they wont use it properly for my son , the whole famly has dirnking habit which i came to know from one of the photo albumn, i've photos which shows that the whole family is drinking including my spouse (MIL,FIL, SPOUSE, FIL'S relative).. I feel that my son's life will also get ruined and wouldn't grow well under this circumstance..

FIL expects that the Son in law should get drinks, pan parag & beers. As i'm a teetoler , i don;t like all these things.. MIL & Spouse drinks which i came to know only thru photographs..


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