Petition help!

1. That is all right at filing r/w admission hearing stage to issue Notice.

2. All aces should not be shown especially in matrimonial cases as some guess work r/w application of mind is also on the cards as and when case goes on trial!

When i got into litigation , i had same feeling of why everything is not put in the initial petition itself..but in due course with court experience, i could learn that its good that not all incidents are mentioned in the petition.

Your stage for evidence would come when you can show case all the proofs ...till that time keep all under wrap or else your lovely would creatively couter all your proofs.

Trust your lawyer.

While the summon for my petition for divorce  is being served.  My wife paralley has put a case on me under section 12,17,18,19,20 and 23 of Domestice volience act.

She has been asking me to pay around 1lac per month under section 20 and 50 lac as compensation for mental and physical torture under section 22. 

She has asked court to stop coming to her residence.. which I never visit, even though i have her mails and sms where she wants me to come there.

I am no bill gates who would be able to pay 70 lacs.

I earn around 1.6lacs per month after deduction of PF and Tax.

and have liabilty of paying for the loan EMI of House and Car(around 40k).

I pay around 22000 for her and my daughter expenses, bill, school fee and entertainments. She stays in my another fla t whose maintenace is paid by me.

My question is.. will i need to pay her all this amount..  what do you suggest will be the right Interim maintenance I should pay.

Secondly I saw that for the first hearing of her DV case she brought my minor daughter(7years). I want to ensure that my daughter is not effected by this and want my wife to stop bring her. Can I do something legally to stop her from bringing her.

I have filled a divorce case for cruelty caused by her to me.

Thanks

she wants to lead luxury life at the expense of your earnings.

1) You can deny and quote reasonable maintenance for your wife and child an dmonthly basis and no 50 lakhs , it is just threatening using DV acts.

2) Ask her to proove the allegation in DV, and if she fails to prrove, maintenance will be less, and if she is educated, claim taht as ground to reduce maintenance, In all costs, donot allow it cross more than 15 K

Originally posted by : VINOD KOLTE
	I have been married for 14 years and have a 7 year old girl child. Came across my wife thru online forum and got married in early 20s. Wife was good before marriage but after marriage had lot of compatibility issues with my family hence I moved out to a different city. Residing in the said city for last 12 years but wife still continues with her bickering and cursing my family. Now wants a second child and is a housewife. I refused so she moved out to my other residence in the same city and is being staying there for last 6+ months. Have even refused my daughter to speak to me saying that the daughter don’t want to talk. Daughter is speaking her language but does interact with me online when I send gifts and all. I feel like their ATM machine. Feels very useless and discarded. I asked the wife to come back but she has lots of conditions that I should give in writing that I will behave good with her i.e. be a henpecked husband and allow for 2nd child. I feel I did a mistake of having a child with her in the first place and 2nd child is out of question with her and she is not ready for mutual divorce.  The lawyer has prepared the draft of petition to be submitted to the court and the reason stated is Mental Cruelty as the cause of divorce. But I find the petition to be lame and don’t state much of wht I have suffered through this female of mine. I hve all the emails and smses where my wife has accused me and my family and also her conditions of return of last 6+ months.  I have asked my lawyer is she thinks that petition is strong enough to help me get a divorce and she says it is good enough and we will see how your wife responds to it.  Is this a strategy employed by the lawyers in not disclosing all the information in the petition? And then opening the cards based on the replies of the other side? Thanks.

14 years of marriage and a girl child of 7, and parting ways?  have you thought beyond your parents and her bickering?

Thats a disease which is inborn in every woman, bickering, sorry to say this, but women will be women, you cant change this particular quality in them.

Well, that's up to you.

But when you say you are not satisfied with the draft what your lawyer prepared for divorce, you could as well written it down yourself.

All facts, all emails etc all information in seperate paragraphs, thats it.

Now the suggestion part:

Now that your wife has file DV case, you withdraw your divorce petition on the pretext of corrections and additions to be made, and now redraft the whole thing, and in the end mention the latest form of cruetly that is being meted out to you, ie the DV case filed against you.

Let the DV case run, eventually the DV case will  be dismissed.  Divorce will be easy and you would not have to pay a penny after cruelty is proved.

Thanks Sujay and Mani.

My wife is BCom graduate.. did call centre course.. and then a teacher training course did job for few months and then quit..

so I want to understand how is the Mainteanace calculated.. considering my salary how much do you think the court will order to give her..

@sujay

please let us know ..if cruelty is proved to be done by wife, then no maintenance needs to be paid

is there any judgment on this?