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bharat babu (NA)     02 August 2015

Need urgent help on alimony

Hi all,

  I need urgent help..I got married in 2012.. wife stay with for 5 month and for small small thing she quarelled and went back her parents house..afer our separation when all my call failed ultimately I filed a RCR after 8 month.. Then after filing RCR also we try to compromise to bring her but nothing happened and they never show positive hand to join with me.. After 7 montg of RCR I thought its time consuming process, then I consult my advocate and filed a divorce..

After dovorce filing now its 1 year 6 month, they are simply kenthening the case and hearing not yeat started..

Initially they asked permanent allimony for 1 crore.. and showed my income is 5 lakhs /month..which was not correct...Now after filing one time settlement they again come back and asking iterim allimony of 60 k / Per month and expences for attending court as 1 lakh..

Now we tatgeted as: please suggest on this -

1. we are going to file a petition that we want one time settlement, we dont want interim allimony..

2. If she is MBA and working but hiding that she is not getting any salary..

3. Should I leave job to show that I unemployed?

 

 



Learning

 10 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     02 August 2015

Starting with a petty quarrel(Which is common in every household) the stage has finally been set for an alimony of 1cr.Good.When we forget the English proverb' STICH IN TIME SAVES NINE", we have to pay for it.

The entrire matter could have been settled within the closed doors rather than putting it on the door steps of the courts.

1 Like

saravanan s (legal advisor)     02 August 2015

dear bharat

one time settlement or monthly alimony the court would look into a variety of factors like 3 yrs it returns,your assets etc etc  before deciding on it.she can claim that you are earning ten crores also but dont worry.

if she is working somewhere and earning comfortably then gather proofs for those like her salary slip, tax returns etc to prove before court that she doesnt deserve maintenance.remember working women cant be plainly refused maintenance.

even if you are jobless you are entitled to pay maintenance to your wife.so dont take hasty decisions

DR. DIMPLE JINDAL (ADV.) (Advocate)     02 August 2015

If she is well eductated, as you say M.B.A, then you can make a request to court that she does not deserve any alimony. There are many cases in which apex court have settle that sitting jobless at home by educated women (who can earn well) to make harrashment to her husband is not justified. She can not cut the pocket of her husband, if she can earn well. This is not a thumb rule and depends upon case to case. 

You need not to leave the job for showing only your helplessness to give the alimony. In that case you can exit from such liability, because you got married with her and do not refuse to maintain her but can contest that she is also well educated and can earn her livelihood very well.

 

bharat babu (NA)     02 August 2015

Dear All,

  many thnaks for your valuable input...As when I was at Abroad, I call her many times to join with me.. but she refused to join.. All that voice proof I have.. even she say that it is not necesary to stay husband and wife together..

Then even one time we all our family members went to their house with proper communication.. and before we reached to their house they all run away from their house and put lock..

then after few call also failed..even after that also through mediator, I tried to talk to their family member for mutual settlement, but they are silent.. never cooperate me..

ultimately at last I go to court.. not they are in dream to get crore rupee..

SuperHero (Manager)     02 August 2015

@Bharat - All you need is to gather a proof of her income and inform or indirectly let them know that you have her salary slip.

How to know where she is working. It is your job to find out?

Once you have it, that will be your weapon to kill two birds(Alimony and Maintenance).

They want crores but they will end up with thousands.

You have to just let the Court and your lawyer should be able to justify regarding this in the court.

 

bharat babu (NA)     03 August 2015

Dear Suoer Hero,

   Many thanks for your kind information..

Actually what I come to know that she is whe is working in a public school and I assumed that they are very claverly suppressed her salary with management..

Now in court they are showing thatm she is jobless...

So now I got information that she is going and teaching.. beased on that I m trying to get some evidence on her attendance, faculty list or some sorts of involvement in that school..Will it help for me?

SuperHero (Manager)     03 August 2015

@Bharat,

Yes, it will definitely help. Yes there are many ways to get the salary by taking cash and so on. 

May be you can hire private detective and gather all the evidences. There are many smart cameras at cheaper price. Use them. 

If you have her educational certificates, you can submit them in the court mentioning that she is well educated and she is able to do job.

This all points should be argued by lawyer or just drag the case as long as possible.

Now a days people doesn't have so much patience to wait.

Wish You Good Luck. 

bharat babu (NA)     03 August 2015

Dear Super Hero,

  I have all her educational certificates..Before marriage she was working with upto 20 K / pm and even recently from google I found that she qualified in some of the preliminary govt exams..

all I am planning to submit in court..

SuperHero (Manager)     04 August 2015

@Bharat - Good. Follow the court procedures. Hang on there and this too shall pass.


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