Hi, I'm contesting my divorce case past 7 years in Delhi and wish to challange the trail -court maintainence order, which states that the arrear payment is supposed to be paid in next 2 weeks or else my pettion shall be not heard, I have few grounds for the stay and wish to get your valuable advice:
1. I wish to file a petition in high court with few points, in next 5 days, in order to seek stay from high court, before I pay 1.80 lakhs to the respondent (Presumably by 10 Aug 16 dead- line). However my council says that maintenance cannot be challenged in high court, as execution order is already passed in trail court. Can u plz comment on it based on following inputs:
a. Stay on my maintenance payment of 1.8 lakhs (5K per month@ 3 years), as I am and was unemployed in 2013-14,when my maintenance order was passed & was asked to pay 5k/month to the respondent. I can include my ITR-1 for 2013. Bank statement of 2013-14 and 15-16 could also be included but I guess it has some transaction (close to 1 to 1.5 laksh) and may not be suitable to file. Advice if I can file only my IT returns for 2013-14,which was zero,when my maintaince order was passed in trail court.
b. One can Challenge the court that before making Petitioner (me) pay, why cant the court intervene and see the merit of the case, that the petitioner was strategically deserted by responded to extort money. Her (respondent) non-cancellation of her 3 years residential visa is a major evidence against her and can be proved, as she claims her husband (me) kicked her out from her matrimonail home and made her fly back to India.
c. HR document from her company is another major evidence that she left International job assignement abruptly, citing her mother illness and then resigned from India. Will this work?
d. Most vital is if she was tortured and kicked-out from her matrimonial home abroad, then why the hell there is no police complain in Delhi or abroad?.
e. And If she is so humble, Traditional or Godly, then why there is an impending divorce issue between responded and petitioner who are separated past 7 years. Why Section- 9 was not filed by respondent, if she was Godly and valued marriage?This is a clear case of extortion and one must fight on these grounds, to put a stay on maintenance.
f. 25 Lakhs out- off court settlement is not possible n seek high court to intervene on alimony part, if possible.
i. Mention that unless and until I get relief, I wont be in a position to work or mobalize abroad or to any metro in India.
l. Seek high court to intervene, as paying 1.8 lakhs now would open up immunity to the wrongful, who have deserted deliberately to extort. I am seeking immediate relief and dont wish to open pension-fund for Respondent. Plz advice on the plan. Thanks, Jack, 9860 89 5515
