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shiv shiv shiv (unemployed)     02 October 2012

Request advice on interim dv maitenance

Dear Ld. friends

A couple g months back , i wrote about a friend of mine who has been totured by his wife , she had filed dv on him ,got valuable advice for the same on this forum esp, tajobs & other respected advocates,

the JMFC court has rejected her RTR, but granted her interim mantenace of 5k, she has asked for 11k, since he is unemployed & has no regular source of income ,would it  be wise to appeal in the district , what outcome can be expected from the appeal?

he has also filed for divorec under IDA , as such his expenses are mounting , what happens if he refuse to pay the int.maint.,how long do these dv cases drag on?

seems like a nightmare for him, looking forward to your advice, than all from your previous replies,

warm regards

shiv



Learning

 6 Replies

Tajobsindia (Senior Partner )     03 October 2012

1. First mention here what is income that Court considered.
2. People in similar situation face multiple litigation hence nothing new your friend is about to face.
3. Depending upon load of the Court it may be as short as 6 months and as long as 10 years and may be never. Ask your friend to do reality check on the spot with Court Nazir on burden of the Court.
4. If he refuses to pay then under J&K enacted (gender neutral) DV provisions he will be sent to 1 month simple imprisonment as maximum punishment where in he will not be asked to do any work and anyhow winters are coming so he jolly well enjoy some sun bathing there !
 

 

Originally posted by : stanley

 

XXX

2. The only thing that is not available over there is XXX. So may i know how old is he , in case he is young he may get sodomised by other inmates which Mr Tajobs has not added in his reply .  

 

 

Well said from marriage to divorce do us not trade;

 

Skin of Married Men - Legally Tasty"

1 Like

stanley (Freedom)     03 October 2012

Agree to the advise of Mr Tajobs and to add to it further .

1. Inside the jail he would get everything from the jail wardens at the cost of a few rupees like for eg a mobile phone to talk with anybody , cigrattes,chai  etc 

2. The only thing that is not available over there is females,s*x  . So may i know how old is he , in case he is young he may get sodomised by other inmates which Mr Tajobs has not added in his reply . 

And believe me jokes apart its the indian reality system :)

shiv shiv shiv (unemployed)     03 October 2012

Respected Tajobs sir;

many thanks for your reply,in her petiotion she has mentioned that he is earning around 55k per month ,which is totally false

he has also worked abroad few years back,there is no evidence from her end about his current  income , since he has filed for divorce, can she claim maint .under IDA? this looks like total lootmar!

thanks stanley for your valuable inside info, his rear his already on fire , what will the inmtaes enjoy?like your reply too , million thanks tajobs sir

Tajobsindia (Senior Partner )     03 October 2012

1. See all he could have done was to voluntarily subject himself to an Court Commissioner enquiry of his income just after filing his affidavit when she filed DV complaint. Either the concerned Court would have kept it pending and or would have allowed. If kept pending then later under dispute (as in your first thread post above) he could have got a merit point to climb and challenge it in a superior Court. If he would have got above application allowed then there would have been no controversy today ! Righto it is as straight as it gets in a Court bro. !!!

2. However, now weigh all aspects locally and then ask him to act accordingly, otherwise so it is just a prime facie Order which may not necessarily even continue as final Order but the moment he challenges tototoday he has to shell our half of the arrears as is asked to meet by Sessions and HC's. 

In short and straight forward way; there is a land called passive-aggressive and now he is its king tell him that from my end if it helps him in some ways.


(Guest)

he he he ..........sasurjee

thanks.

will follow:P

:P

shiv shiv shiv (unemployed)     06 October 2012

Dera Tajobs Sir,

many thanks for your reply , the jugement re the interim maintenance was passed last month & it seems it is effective from the date of the order passed,the thing is he dont want to give  a single penny to this evil w**e, but  unfortunately there are not much options re maintenance,as such even a small reduction in the int. maint. by revision/appeal in the higher court would mean a small victory for him , as her RTR was also rejected she must be fuming now, a furhther reduction in the maint. will turn the the heat more on her , this woman has ruined is career ,although it might be bit expensive for my friend in monetary terms while filing the appeal & other cost, 

fighting aggressively will help him well said by you, thanks for your motivation,


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