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Originally posted by : sowmya
	I am married for 8.5 years and have legal issues for 8+ years.I have a child, boy who is 7.8 years.my legal issues that is separation from husband , subjected to allegations on cruelty and subsequently divorce petition filed by husband started in November 2009.initially a petition u/s of HMA was filed by him then after a year , a petition u/s 13(i) was filed.when i joined LCI in January 2010 , after a few months of the marital issues and legal cases , many experts extended their help to me by advises , reviewing my court memos and also my counter petition.This enabled me to pursue my case as party in person.over the years , I learnt to submit petitions , prepare affidavits , requisition memos etc.I am thankful to all the experts here for this . my questions at this point are 1. after 4 years of separation i filed for maintenance u/s 125 of crpc. in SEPTEMBER 20132. the maintenance is being asked for only my child, because i am a working woman now, that is after my child birth and post 9 months of his age.so i don't want to take advantage of law by asking maintenance for me.3.i have quoted all major expenses (spent in 1000s and 100000s related to medical and education ) to the extent of bills available as proofs in my proof affidavit 4. but until date the maintenance case had not progressed ..though u submitted reply affidavit for the other sides counter , then proof affidavit , marked documents with original with the then judge .5. I took steps to get the case transferred and successfully transferred it yesterday 6. in my next hearing i want to request the honourable judge to help enable me to first process the maintenance application filed by me For this what is it that i need to give / ask in the formal manner. orally i can and i have explained to the honourable judge but as a formality and for the court records what is it that is necessary for me to do at this stage ?secondly , I am living with my child in my elder brothers' home.my parents also live with him.hence. I requested in my maintenance petition to provide me and my son shelter in my husbands home .but my husband has refused to provide saying " he doesn't own the property "" he doesn't have a right "" his parents own it and he is living at the mercy of his parents " I do understand and agree that there are judgements which prevent the children to claim property rights on property owned by the parents .so, my husband has resorted to use it to his advantage.it is pertinent that no help was received from him for so long before child birth, during , after and in any way But he has a visitation pending , for which i gave counter , additional counter , while i never denied his participation in child's life , he has isolated him but i feel he is acting in the court , for whatsoever reasons.I have several times requested him to meet during festivals , other days where the child was sick , and during the child's heart surgery. but he never responded to phone calls , emails , text or Whatsapp chats.until 2017 November now that he knows that the maintenance will be taken up, he started visiting the child by talking to me on WhatsApp conversations he met our child and me for 5 times in the month of November 2017.gave some toys , clothes , chocolates , took out the child and me to malls , temple , restaurant, government parks.he did not even turn back at the child during critical times and also refused maintenance by filing counter to my petition.while i can prove all his statements are false.I want to know one more # he might be claiming for unsupervised visitation or much to harrass me can even file for child custody to avoid paying maintenance / arrear in it etc.owing to the fact that he has told about being at the mercy of his parents at the age of 36 ( present day age of him)and also denying all these days to participate in raising the child what remedy do i have i want to know if there are judgements which deny unsupervised visitations of husbands who were never part of child's well being ..herein right from the child being a fetus he refused to take care of unemployed pregnant wife and unborn child.Also what statements can i have in my favour for this specific phrase " as being at the mercy of his parents " use against him , if at all i have to encounter such a situation.I am not willing to give divorce as it is made up of false allegations.if everyone coming to courts gets a divorce based on false allegations , then there is no use in legal remedy or no meaning for satyamev jayate.so please help me with respect to the query i asked about the maintenance case next steps to proceed and ' mercy of the parents ' statements by the husband many thanks

Your case still not over?  By this time you should have taken divorce, and remarried, but you still in the process of playing in court.

Some more years later you might understand what went wrong where.  By that time your kid might be spitting on both your faces for spoiling his childhood and entire life.

Indian courts cant do anything if husband wont pay any alimony to child, if husband cant pay, wife should earn and look after the kid.  The care of child though falls o n both parents, if one is unable, court can at the most put him to jail.  But in jail how can he earn?  So any order by the court to put father to jail will backfire.  On top of it wife should maitian the husband by paying 3000 rs per month to jail till such time he is in jail.

Once he goes to jail all old balance vanish.

This drama goes on till child is 18.  Once child is 18 child is on its own.

It is shameful that literate people like you both spoil childs life for selfish ego.

You can check when kid turns 18 or 21, it will spit on both your faces for screwing your marriage and its life.  There have been cases when gorwn up children run away from home, never to com eback.  Some cases are there where children have become violent towards own parents, all ar resutsl of broken marriage.

I hope you will in position to take blows from your own child whin it gorws up.

begging is a crime?

Mr.Advocate Raj Malhotra First of all your response is rude and not sensible. Secondly it doesn't have any purpose to my query. Totally deviates and lacks Common sense in its response and approach. I have no idea how you would deal with your clients ,assuming you have a client Thirdly i am an older member here and this is a group i respect and look up to for queries. Finally please take away your comment. Otherwise i am going to have to report you for this rude and insensible response in a learned forum like this.

Ablbe bodied woman, asking free advice? Why dont you help yourself?

Originally posted by : sowmya
	Mr.Advocate Raj Malhotra First of all your response is rude and not sensible. Secondly it doesn't have any purpose to my query. Totally deviates and lacks Common sense in its response and approach. I have no idea how you would deal with your clients ,assuming you have a client Thirdly i am an older member here and this is a group i respect and look up to for queries. Finally please take away your comment. Otherwise i am going to have to report you for this rude and insensible response in a learned forum like this.

Like this you will be very old in just a matter of few years.

Mr. Advocate Please refrain from posting rude and offensive comments.

advocate Mr.Raj Malhotra
i see you have taken down one of your rude , offensive response about
" adjusting in bed and outside of it"

Thanks for realising your mistake.
I hope you don't get the boldness to reoteat this unacceptable way of writing a response henceforth.

Dear Moderators / Admins

please note this thread.

thanks

What was once a great forum has presence of people who mock at the plight of others. I think these are some sick mean minded people.

When relationships are strained what more you expect things to go but down?

Court can provide you jusitce in this case.

There aer lot of loopholes in law which both men and women make use to play around.

Lifes hardest lessons are learnt in court corridors.  This is the fact.  Your husband is good father, but you are not good wife, hence he has done his duty toward child of meeting it and giving toys, so he has filed divorce. You could have either convinced him to withdraw idvorce case or would have thought of some middle way where you need not go to court over and again.

By the time you get your maintenance application executed, your child would have grown up and nothing can be done.

Family means adjustment, some people never understand, to make them understand this governments built family court at the expense of tax payer money where judges are paid in lakhs given quarter, vehicle, butler, training etc plus staff.  Instead of doing like this, you could have taken one time alimony for child or given child to husband, let him take care of child and you go visit them whenver you can.  For that alos you need adjustment.  Basic criteriion for survival of marriage. Which Is not there.

Dear Radha Krishna You need to understand the depth of this query i have posted. I am a member in this forum right from the issue started No one of us can challenge a court on non availability of judges or non appearance of other parties or just adjourning cases to prioritise older cases . Life doesn't stop when someone goes to a court. I am a victim of being cheated and have done every effort to bring the case for hearing over the years If a woman wants only ₹ , she doesn't have to work leaving behind a child who had a heart issue since birth. The reason why i am writing to you instead of ignoring your sarcasam is some parts of the response is sensible. I don't even know if you are a legal person But you don't have rights to talk about anything personal A clear cut distinct query is posted asking for legal remedies on next steps of hearing a maintenance case . You don't know how many women pan India stand in courts without a maintenance being passed. There are thousands and these are even some who can't make enough money to live well and are left with their children stranded. There are some who do false accusations But you can never keep giving you gyan on.what one needs. Its not your life which a query postor lives .so refrain such comments This forum is a great one. Don't post such rude comments and do this free advise which means nothing !

your comments regarding child are absurd!

Originally posted by : sowmya
	your comments regarding child are absurd!

Sowmya.

You should think form the reponses that you got from the problem that oyu posted.
Nobody suggested you anything wrong including me.
What wrong has happened that cannot be corrected now.  Court can only provide divorce or maintenance to estranged wife which cannot work.  Court can never make husband bow its head nor wife bow her head.  They simply order something which will not be beneficial to anyone.  This is my personal experience in courts.  Only those who give you favorable replies are good people? And rest of them bad? That only shows how educated and inexperienced you are when it ocmes to matrimonial matters.  People who cannot adjust with each other are ofund in courts.  Not just marital ties, but any situation any kind of people who are unable to adjust with societal norms are seen in courts.  Even if it is not anybodys fault but the situation, men and women take blame for being responsible for spoiling their own life with other persons life too.  It appears that you have been cheated.  But who wants a problem?  I have seen women ditch husband because he turned out to be impotent.  I have seen husbands file divorce coz they could not enter wife v**gina.  Your story isn’t different any.  When you already know he does not care, about you or child, why run behind him?  If he is bad person the way you describe, why he bought toys and took you both to malls and roaming jolly?  Your statements are contradictory.

Finally..if you want relief, you can file executionpetition for your maintenance plea.  For women even oral submission is enough for court to take action and you also don’t need any lawyer to represent you.

By the looks of it, he wont budge.   And it is waste to pursue this matter.  Sooner or later your child will gorw up as pointed out by advocates above.  Then there are host of questions to be answered by both parents.  Who will tell what lie, or truth only you people know.  Court cannot solve your problem.  It cannot make your husband come visit your child or visit you at your beck and call. Nor can it make him pay any money to you or the child.  It is a very sad situation.  Not all are saif ali khan or hritik roshan to shell  out crores and laksh of rupees just to avoid headache of attending courts.  They too moved on somehow, their counterparts also moved on.  People take film stars as heroes for life, its time you husand and wife also followed them in divorce case also.

As I read somewhere free advice has no value.  Mine also wont have any value, unless you follow it.  I am a Engineer, but finally freed from legal hassels that wife and co posed.  Hence the reply.

Sowmya.

You should think form the reponses that you got from the problem that oyu posted.
Nobody suggested you anything wrong including me.
What wrong has happened that cannot be corrected now.  Court can only provide divorce or maintenance to estranged wife which cannot work.  Court can never make husband bow its head nor wife bow her head.  They simply order something which will not be beneficial to anyone.  This is my personal experience in courts.  Only those who give you favorable replies are good people? And rest of them bad? That only shows how educated and inexperienced you are when it ocmes to matrimonial matters.  People who cannot adjust with each other are ofund in courts.  Not just marital ties, but any situation any kind of people who are unable to adjust with societal norms are seen in courts.  Even if it is not anybodys fault but the situation, men and women take blame for being responsible for spoiling their own life with other persons life too.  It appears that you have been cheated.  But who wants a problem?  I have seen women ditch husband because he turned out to be impotent.  I have seen husbands file divorce coz they could not enter wife v**gina.  Your story isn’t different any.  When you already know he does not care, about you or child, why run behind him?  If he is bad person the way you describe, why he bought toys and took you both to malls and roaming jolly?  Your statements are contradictory.

Finally..if you want relief, you can file executionpetition for your maintenance plea.  For women even oral submission is enough for court to take action and you also don’t need any lawyer to represent you.

By the looks of it, he wont budge.   And it is waste to pursue this matter.  Sooner or later your child will gorw up as pointed out by advocates above.  Then there are host of questions to be answered by both parents.  Who will tell what lie, or truth only you people know.  Court cannot solve your problem.  It cannot make your husband come visit your child or visit you at your beck and call. Nor can it make him pay any money to you or the child.  It is a very sad situation.  Not all are saif ali khan or hritik roshan to shell  out crores and laksh of rupees just to avoid headache of attending courts.  They too moved on somehow, their counterparts also moved on.  People take film stars as heroes for life, its time you husand and wife also followed them in divorce case also.

As I read somewhere free advice has no value.  Mine also wont have any value, unless you follow it.  I am a Engineer, but finally freed from legal hassels that wife and co posed.  Hence the reply.

Originally posted by : sowmya
	Dear Radha Krishna You need to understand the depth of this query i have posted. I am a member in this forum right from the issue started No one of us can challenge a court on non availability of judges or non appearance of other parties or just adjourning cases to prioritise older cases . Life doesn't stop when someone goes to a court. I am a victim of being cheated and have done every effort to bring the case for hearing over the years If a woman wants only ₹ , she doesn't have to work leaving behind a child who had a heart issue since birth. The reason why i am writing to you instead of ignoring your sarcasam is some parts of the response is sensible. I don't even know if you are a legal person But you don't have rights to talk about anything personal A clear cut distinct query is posted asking for legal remedies on next steps of hearing a maintenance case . You don't know how many women pan India stand in courts without a maintenance being passed. There are thousands and these are even some who can't make enough money to live well and are left with their children stranded. There are some who do false accusations But you can never keep giving you gyan on.what one needs. Its not your life which a query postor lives .so refrain such comments This forum is a great one. Don't post such rude comments and do this free advise which means nothing !

Sowmya.

You should think form the reponses that you got from the problem that oyu posted.
Nobody suggested you anything wrong including me.
What wrong has happened that cannot be corrected now.  Court can only provide divorce or maintenance to estranged wife which cannot work.  Court can never make husband bow its head nor wife bow her head.  They simply order something which will not be beneficial to anyone.  This is my personal experience in courts.  Only those who give you favorable replies are good people? And rest of them bad? That only shows how educated and inexperienced you are when it ocmes to matrimonial matters.  People who cannot adjust with each other are ofund in courts.  Not just marital ties, but any situation any kind of people who are unable to adjust with societal norms are seen in courts.  Even if it is not anybodys fault but the situation, men and women take blame for being responsible for spoiling their own life with other persons life too.  It appears that you have been cheated.  But who wants a problem?  I have seen women ditch husband because he turned out to be impotent.  I have seen husbands file divorce coz they could not enter wife v**gina.  Your story isn’t different any.  When you already know he does not care, about you or child, why run behind him?  If he is bad person the way you describe, why he bought toys and took you both to malls and roaming jolly?  Your statements are contradictory.

Finally..if you want relief, you can file executionpetition for your maintenance plea.  For women even oral submission is enough for court to take action and you also don’t need any lawyer to represent you.

By the looks of it, he wont budge.   And it is waste to pursue this matter.  Sooner or later your child will gorw up as pointed out by advocates above.  Then there are host of questions to be answered by both parents.  Who will tell what lie, or truth only you people know.  Court cannot solve your problem.  It cannot make your husband come visit your child or visit you at your beck and call. Nor can it make him pay any money to you or the child.  It is a very sad situation.  Not all are saif ali khan or hritik roshan to shell  out crores and laksh of rupees just to avoid headache of attending courts.  They too moved on somehow, their counterparts also moved on.  People take film stars as heroes for life, its time you husand and wife also followed them in divorce case also.

As I read somewhere free advice has no value.  Mine also wont have any value, unless you follow it.  I am a Engineer, but finally freed from legal hassels that wife and co posed.  Hence the reply.