Msk-need -nuetral- laws (self) 13 March 2013
@ no pian no gain,
Dont worry about RCR and CrPC 125. Just appear in RCR hearing and state all facts. There are many HC bench judgement which ruled for maintenance , wife need to proove violence on her, else maintenance was refused. It is not that simply she can run away and file RCR and courts grant maintenance.
By all means, regardless of her RCR proceedings continue your divorce case with all more solid proofs gained.
victim (master) 13 March 2013
Members
I know that judge will not ask her to give in writing anything i wish but the point here is she filed RCR and at various forums and by different means she made serious allegations. so either she must prove her allegations by giving strong proofs or if she want to join company of husband she must remove all allegations on husband in writing.
If strong arguements are given in court. definetly they will be listened and before giving any harsh decision this will be considered. as in most of the cases conduct of both parties is also considered.
vijay (M) 13 March 2013
| Originally posted by : charu latha | ||
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Sir, but why will a educated and working wife get maintenance from husband? Is there any judgement favouring this. Please share it. |
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Gender biased judges!
- assumption is what will a man do with money he earns?? all he needs a couple of rotis in the morning and evening, whereas the lady has so many needs to fulfill... clothes, sandals , make up kits, ......
fighting back (exec) 13 March 2013
@helping hand....thanks you sir...........just wanted to know, if tommorrow i accept to pay a monthy amount to her, then will the RCR case be demolished or weaken, as i have accepted to pay in lieu of living with her, inspite of her ability to earn money for herself, she is well qulified to earn, now in such a scenario will the court accept my argument that she can also earn,?
| Originally posted by : no pain no gain.... | ||
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@helping hand....thanks you sir...........just wanted to know, if tommorrow i accept to pay a monthy amount to her, then will the RCR case be demolished or weaken, as i have accepted to pay in lieu of living with her, inspite of her ability to earn money for herself, she is well qulified to earn, now in such a scenario will the court accept my argument that she can also earn,? |
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Start paying money if you do not want to accept her back!!!!!!!!!!!!!!!!!!!!!!
She earn, not earn, she educated, capable of earning, all that story nobody listen. IF you got proof that she earning , show it to court. Then you will not have to pay money. Court require evidence. Not chandamama story.
Dont want to pay money, be ready to face DV, and wife will come back!
Man, you dint read properly.
Money pay means, no RCR.
fighting back (exec) 14 March 2013
@helping hand....hey buddy just wanted to take your kind advice.
i would like to follow ur suggested path of paying up monthly to loosen the RCR case she has filed, however i have some questions, hence request your kind guidance.
1) the first in person appearance in front of the judge is yet to happen in 125 case, on all the 4 dates that i appeared for 125 case, the judge was absent, so i have only kept signing the attendance register until now.
2) RCR has finished counselling, it has failed, as the woman wants to live with me, and i dont want to......my mistake i skipped an RCR date and my lawyer failed to appear too, hence judge has asked the opposite party to present their evidence
3) I have the RCR date on 20th of this month march 2013, hence during this RCR proceeding can i say to the judge through my lawyer that " I wish to voluntarily pay the maintainence amount , beginning with Rs 2000 until the court decides on interim and final maintainence" and the request the court to accept the voluntary deposit.
4) will this voluntary deposit of maintainence amount have a positive or a negative effect on both of my cases, as the opposite party might argue that i have now wokenup to my responsibities and hence he has now himself decided to pay
5) now that i have started paying voluntarily, and by chance she starts to work somewhere and i present the court with evidence in future, will the court stop maintainence, because now i am paying voluntarily
6) in your guess, how much should be the voluntary contribution by me, considering the inhand salary i get is Rs 16000 net
7) i dont want the voluntary deposit to effect the final maintainence amount, as, if i pay a higher amount now, the court might deem fit to make it a permanent amount later.
Request your kind inputs and suggestions.,....thank you once again
| Originally posted by : no pain no gain.... | ||
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That is the fun part! Hope you have started enjoying it. You go, she no come, again date. You go, she also come, her lawyer wont come, again date. you go, she come, both lawyer come, judge not there, again date. judge also there, you both there, but lawyers strike, again date. Signing is important. That proof that you had come!
Brother, one thing understand, nobody cares, your lawyer or the judge, your case, you have to attend, at any cost. Now that RCR failed. Evidence happen, ie her evidence. Then her examination chief. Later on your evidence happen. your examination chief. then one day cross examination will happen, her first, your's next. and one day for arguments. Then one day for judgement/orders.
Yes, that good step. But 2000 is more. Pay 500 to 1000. If she want, she will ask, then you pay little more. IF pay 2000 without she asking, then later she ask 5000. So show that you poor boy. But you cannot deposit money to court. when she has come there, tell that you voluntariliy want to pay money for her livelihood and expenditure, and pull that 500 note and give it to her in the open court! dont talk about final maintenance, that court will decide after case is over and you get divorceeeeeeeeeeeeeeeeeeee. first start paying. then certainly in future, she ask some more money, then increase it to 1000, then increase it to 1500 etc.
Though the court wont give you a certificate saying that you are a good and noble hearted man, you will feel light inside and on your pocket, coz, ususally wife file for maintenance, judge will order some amount, you wont pay for 1 year, now total come to lakhs of rupees, why all that headache later? pay little little now. and tell in open court that you do not want to accept her back at any cost due to the allegations that she has made in RCR.
Keep an eye on her as to where she works, do follow up. GO ask her employer how much she earns ask for salary slip via RTI. Then produce the same in court and in case when judge has passed order to pay money, or even if he has not passed order, you can produce this in court and tell ---- she is working, so wont pay money from now on
1/3rd of salary. But pay 500 beginning.
Let her find your salary details and then ask that 1/3rd of salary. Let her also put some effort. Remember as your id says NO PAIN NO GAIN
fINAL maintenance later. It take lot time to get fixed. When that time come, me give better idea how to pay as little as possible to wonderful wife! |
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Nandha (NIL) 14 March 2013
@helping hand
what if husband voluntarily sends some money for wife & kid through money order and wife returns them as 'refused'. Will this help husband if wife files maintenace case later?
| Originally posted by : Nandha | ||
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@helping hand what if husband voluntarily sends some money for wife & kid through money order and wife returns them as 'refused'. Will this help husband if wife files maintenace case later? |
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Today, Time is very bad! When my wife after recieving lakhs of rupees as alimony can tell lie that she did not recieve alimony, that too I deposited money into her bank account, still she is lying in open court that she did not recieve money, then anything can happen. Can trust a enemy, but one should never trust wife, that too when divorce 498a, 125, DV, custody of child cases are going on.
Sending via money order problematic. Will have to keep records, go post office ask for MO details. RTI forms have to use etc. All that is cumbersome process.
What if tomrw she tell, I dint recieve any money at all.
What if someone else recieves money in your wife and kids name?
Go for online money transfer or send cheque so that you can get transaction details easily from your bank.
Money order and all old style. At least send cheque.
Coming to your case:
If you sent money, and it returned back, it must be two reasons.
1. Door lock.
2. Denial of reciept of money.
IF door lock, postman would mention after 3 visits to your wife's place that nobody is staying there, so they will send the money back to the sender.
If wife is telling dont want money, there will be a note from postman about that, try collecting that detail via Post Master General's office, by writing letter asking for information about details of Money Order sent with specific date, time, amount remitted at post office [mention which post office] in one week you will recieve the letter about details of your Money Order status.
If wife is refusing money sent by you, she must be richer than you [you know your wife better!], so dont worry, those who eat rasgullas, wont eat peppermint. Simply you sending peppermint.
| Originally posted by : Nandha | ||
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@helping hand what if husband voluntarily sends some money for wife & kid through money order and wife returns them as 'refused'. Will this help husband if wife files maintenace case later? |
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Even if you keep all details, it will be proof that you cared for your errant wife.
Today she will reject money, tomrw she would want money, more money, so she might file the 125 HMA etc
What you do then holds good for that point in time, perviously if she has accepted money means ok, you can tell, you already paying money.
Now that you are not paying money to her [as she is not accepting] No use in telling the same in the court, it wont help you in any way, coz somehow or the other judges are gender biased. They will think first about woman and her welfare. They will order maintenance if asked by her!
fighting back (exec) 14 March 2013
@helping hand.......thanks a ton bro. you have been very helpful with your comments on this topic, would like to know if it is ok to send money through bank transfer (actually i dont know her account number) hence should i ask the judge to tell her to give the account number so i can transfer the money. or deposit it directly in court and take a receipt ( she stays in another state and i am in maharashtra) i go there only for dates
secondly, is it ok to pay lumsum amount of 3000 directly for 3 months or start paying for each month?
Thanks again, you have been very helpful
| Originally posted by : no pain no gain.... | ||
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@helping hand.......thanks a ton bro. you have been very helpful with your comments on this topic, would like to know if it is ok to send money through bank transfer (actually i dont know her account number) hence should i ask the judge to tell her to give the account number so i can transfer the money. or deposit it directly in court and take a receipt ( she stays in another state and i am in maharashtra) i go there only for dates secondly, is it ok to pay lumsum amount of 3000 directly for 3 months or start paying for each month? Thanks again, you have been very helpful |
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Send crossed cheque, every month for 1000 rupees, send one note which says, no pain no gain! Was just joking man...
On next date, tell that you want to give lovely wife money, so would he be kind enough to ask your lovely wife to give her account number and also the pass book. For alimony cases, usually the judge will ask the lovely wife's lawyer to ask her to open a sb account in her name and hand over the sb account pass book to you, so that you will get the entries of amount deposited into the account, so as to show on consequetive dates that you are paying in money.
Can do money transfer also, but get account number first.
Then money transfer, only 1000 rupees per month.
Lawyers and judges if they dont know to calculate properly your lumpsum payments like once 3k next 5k next 4k they might mess up with addition of figures, so better pay 1000 rupees per month, and they count 1 to 12 and say you have paid money!
Nandha (NIL) 15 March 2013
@helping hand,
I sent money order to my wife so that she should not complain in court later on that I did not take care of her & the kid while she was away from me!
In fact, the money order came back stating reason as "REFUSED" on the slip. But, the money I used to deposit in her savings account when she was living with me, was fully withdrawn by her after she 'Refused' to accept my money order.
On one side, she proudly told our common relatives that she refused my money order, on the other side, she silently withdrew all the money which I deposited in her account! Now I stopped sending money or depositing money in her account, as she has not filed any case so far!
In case if she files maintenance case, how is it calculated? Is it the from the date of submitting application in the Court or is it from the date of her leaving my home?
please advise
| Originally posted by : Nandha | ||
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@helping hand, I sent money order to my wife so that she should not complain in court later on that I did not take care of her & the kid while she was away from me! In fact, the money order came back stating reason as "REFUSED" on the slip. But, the money I used to deposit in her savings account when she was living with me, was fully withdrawn by her after she 'Refused' to accept my money order. On one side, she proudly told our common relatives that she refused my money order, on the other side, she silently withdrew all the money which I deposited in her account! Now I stopped sending money or depositing money in her account, as she has not filed any case so far! In case if she files maintenance case, how is it calculated? Is it the from the date of submitting application in the Court or is it from the date of her leaving my home? please advise |
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it the from the date of submitting application for maintenance !
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