pradeep (self) 02 November 2014

Over smart wife sold away property to get higher maintenance

SUGGESTION REQUIRED.

EX filed false 498a & 307.I & other family members acquitted.After acquittal i filed divorce & child custody. As usual transfer petitions moved at District Court & HC. The HC shifted the case to a neutral place and directed complete the case within 6 months.

The Ex filed maintenance under crpc 125 at her place and dragging the case for the last 3.5 years without asking for interim maintenance.In my cross I admitted to give amount to children and denied to give any amount to ex as she is having sufficient means.

In the year 2013 during her cross she admitted that she is having 3 Acres of agricultural land.

Now in the maintenance case my cross is over and the case is posted for arguments. At this stage the Ex filed a petition under 126crpc r/w S.311 crpc along with copies of documents, claiming that she has sold away 2 acres of land to meet children education and her medical expenses.

They used the sale proceeds in the purchase of a flat in the apartment. However, the flat has been registered in the name of her mother.

PLEASE GIVE YOUR ADVICE ABOUT HOW TO FIGHT THE CASE. THANKS IN ADVANCE

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 November 2014

Dear Querist

Without detail facts of her cross examination and examination of chief of her is very important part for final argument.

it will be better to contact a lawyer personally with the file/documents.

Purna C Thoudam (Emeritus Professor) 02 November 2014

Dear friend

This requires several information:

Are there receipts of payment of Tuition fees, bus fares, and receipts of hospital expenses? Are they reasonable? Verification required.

Secondly, when the flat was purchased in the name of the mother? Is it after selling the land? The source of income of the mother for purchase of the flat? Has she got sufficient source of income?

These are the things which can be looked into. But it advised that consult a lawyer with all the documents submitted by the Ex. Difficult to say without examining the documents.

pradeep (self) 02 November 2014

Thank u for your kind advice.

1.No receipts submitted.The kids are in their upper primary grade at a village & I am ready to take them.

2.On March,2014 1/2 acre sold by wife, again in June 2014 another 1.2 Acre sold. Flat is purchased on April 2014 in her mother's name at her place.

3.Yes, Her mother is having sufficient source of income as she titular proprietor of a trading firm. But her son has also sold away about 0.7 acre agriculture land during September,2014.

My Lawyer is saying that he will argue that only inorder to get higher maintenance she sold the properties and sale proceeds has to be treated as her income.