Below is some notes I had taken from suggestions from SIF warrior's in yahoogroup discussions.
==============================
One basic principle of law is: No one can take advantage of their own wrong. For example, I cannot take up a insurance policy on my car, next day burn the car myself, and then proceed to claim the insurance amount from insurer! That would be taking advantage of my own wrong.
We have to use this basic principle to deny maintenance always. Tell everyone, judges, mediators, opponent advocate, your advocate; that this woman cannot be allowed to take advantage of her own wrong. She cannot leave husband house out of her own free will, cook up some sob stories of violence at the hand of her husband, and then claim to get maintenance from husband based on those cooked up allegations.
Neeraj Aggarwal vs Veeka Aggarwal - Delhi district court 2007
In her entire application the applicant has no where stated that she is also an engineer graduate in the field of Electronics and Communication and is now a MBA with specialization in Marketing and HR. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and MBA professional, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the respondent.
Mamta Jaiswal vs Rajesh Jaiswal - MP HC 2000
Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure ? Whether such spouse should be permitted to get pendente life alimony at higher rate from other spouse in such condition? According to me, Section 125 has been enacted for the purpose of
providing a monetary assistance to such spouse who is incapable of supporting himself or herself in spite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose. The law does not help indolents as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, atleast, has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversory who happens to be a spouse, once dear but far away after an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlement because he would be reaping the money in the nature of pendente lite alimony, and would prefer to be happy in remaining idle and not bothering himself or herself for any activity.
Focus more on:
1. Coming to court with unclean hands
2. Cant take benefit of her own wrongs
3. Leaving house at her own will for no reason
4. No Cruelty done
5. Educated and capability to earn
How to fight interim maintenence in Cr.p.c. 125
As mentioned Zillion times on this forum, let me reiterate once again
concentrate on
1. Wife can maintain herself. She is educated, she is able bodied. Bring the focus on wife from you.
2. Bring out the lies on material facts stated by wife. Establish them with proof. Harp "unclean hands - no relief" "unclean hands - no relief" till judge gets convinced.
• Identify the motive of her filling such cases, MOST IMPORTANT.
==============================
"In case of interm maintiance , her qualification may support , but you have to
proof , she is able to maintian herself with proper documentatry evidence and in case of interm may be the same
will not be considered if you do not have strong evidence.
So, concentrate on highlight to her contracted statements ,
unclean hands , hding any facts etc."
==============================
1. Knowledge is power :
1 a. Read - Forums, Judgements, case victories
1 b. Be genuinely interested in others cases in SIF Meetings- you get their
experience for free
1 c. Go to all SIF Dharnas... It boosts your morale
1 d. Help your friends in their cases - Go check the status, get their
certified copies
1 e. draft your own petitions
2.Balance your work and case
2 a. get dates accordingly, never miss your case date
2 b. Choose which case to fight... Dont file multiple cases against them..
Its useful to file counter case if the opposite side is very aggressive and
are hurting you heavily. Otherwise refrain from filing useless cases on
them.
2 c. Work in the city where your cases are running
2 d. Dont expect promotions in your office... if you get wonderful
2 e. Dont expect your cases to finish in next 2 months etc. Plan only for
short period say 2 weeks..
3. Lawyer Management (very difficult - I am also learning)
3a. There is no Good or Bad lawyer- there is only manageable lawyer
3b. Let him not be your advisor or counsellor - Dont allow him to take
decisions like whether you would want to live with her, or whether to file
a custody case or not, whether to file counter case or not
3c. Monitor him on-site and off site (send your friend to case, in case you
cant go on a critical date)
3d. Insist on getting certified copies of your, theirs petitions and order
sheet on important mile stones.(esp if you are fighting remotely from
distant city).
3e. Take him to restaurants etc. but dont flaunt or show off money in your
purse.
3f. When it comes to settlement talks dont disclose your actual limit to
him. Persist on $0 divorce or you will fight till Supreme Court.
3g. Never pay maintenance to wife in cash to him.
3h. Have different lawyers for different cases. So the opposite side cant
get a 360 degree view of your moves.
3i. Be friendly to the juniors and court clerks. the senior lawyer is
dependent on them. they give vital clues for next profitable move.
3j. Make friends with court staff also. ( Need not bribe, casual smile
everytime is also enough).
3k. Make it a point to call your lawyer (if possible in person) 1 day
before court date to discuss. Just to show you are not afraid of court
matter.
--------------------
About writing about her relatives instigating your wife in the petition :
You dont have to prove it....
Alpha Male/Female Relatives want to do Panchayat or Dadagiri only offline.
they dont want themselves to come and stand in witness stand/booth or get
in to court jamela.
More the times you qoute their name in the petition , more they are averse.
Dont do it if your wife has not pulled all your relatives in the case yet
*121#
==============================
But I would say, like advocates , the detectives can also change loyalty to
opposite side anytime.
I personally work in a case, where the detective paid by husband turned
hostile and is a witness in 498A case. ( Note: Following a woman is also
considered rape as per new law. Hence the detective will turn hostile to
avoid a rape case on him).
Please be careful:
ALTERNATIVES:
1. If She is working in a govt firm, File an RTI u/s 7(1) with Life and
liberty clause (get in 48 Hours) stating your criminal cases
2. if she works for a big company, file an RTI to PF and IT departments.
3. You can also file CrPC 91 to get records from her employers.
*WARNING: ***********************
*See to that your enquiries doesn't make her jobless. We want her to be
happy, wealthy and healthy to maintain herself all her life. Long live
women's lib to work and earn on her own.*
==============================
She can challenge the will in court. Make it watertight. Get it witnessed by at least one lawyer and one doctor. Although its not necessary but it would be better if you get it registered.
When you say you have removed her name from bank accounts etc , I suppose what you mean is you removed her as nominee. What you have to understand is nominee is only custodian of the asset till it is transferred to legal heir according to the respective succession act. So while making will include all your assets including bank accounts, fixed deposits, insurance policies irrespective of who the nominee is.
Satya
==============================
Neeraj
1. You dont have sufficient proof that you can file an PCR/ FIR against them. In turn they will file 100s of cases against you.
2. Dont think that system will help you. You are a male , that too well -earning, no one in system wants to help you. They just want your money. Who ever files cases first, the mafia will only profit. So refrain from filing cases.
3. No problem can be solved by violence, filing cases against each other is violence. Be cool, Be prepared for 498A. Take precautionary steps. Save the evidences. If you see a 498A coming, apply for Anticipatory bail. See one lawyer in their city, pay some consultation fees , dont give oppostie party details, dont allow him to mediate, and give the lawyers number to your friends in case you are arrested they can call this lawyer.
4.Don't initiate any talks through 3rd person. Dont abuse your SIL and BIL to their relatives. It doesnt guarantee you life with your wife. But it will definitely bring cases in to your lives.
5. Prepare to live with your wife remotely. See your son once in 2 months, dont quarrel, dont hate your SIL, send money to your son in meagre amounts 1k , 2k per month - no fixed amount or dates. Send to her office address. Dont avoid sending money.
Most women need the maternal support for new born children, especially if they are working. their ego doesnt allow them to live with in laws (your parents) or ask help during post child birth.
Many women behave erratically post child birth (some syndrome). So Dont instigate her in this confusing period to file cases.
Let her decide on whether to come and live with you slowly.... Time will heal...
Keep your attitude like - if you dont want to live with me, I have no issues - dont tell it out to anyone - your actions will make her understand. More you force , more friction, more cases... Be calm and cool !
Time to take life in your way.. dont waste your life in alcohol and stupid stuff , go around the world, earn good money, exercise, keep fit .. Live Life !
6. If your relatives force you to bring wife back , avoid them casually saying your wife is not well, she will come next month etc. You can live without your wife peacefully if you allow her to live peacefully.
7. Collect her details /income proofs.
8. Your ego is your biggest enemy, Your anger( due to helplessness) and anxiety is the next biggest enemy. Your sister in law is not your enemy. The gender biased society which tells you you are nothing without your wife is your enemy. It is your wife's enemy too !
Live a peaceful life with/without wife, with/without cases.
==============================
> How IT (information technology) falls under RTI ?
>
> Can anyone help ?
File an RTI under section 2f to that it company and copy the same to
Minstry of corporate affairs seeking her salary, date of joining, latest
3payslips, pf account number, bank name n account number where her salary
gets credited.
When I did the same, Deloitte replied saying they r not in the ambit of RTI
and they will provide the information sought only when asked by court.
MCA, considered my RTI and asked Deloitte to provide information. Deloitte
didn't respond in 30days.
Mca gave show cause notice for non compliance n waited30more days. Still no
response n mca filed case in high Court, then Deloitte respectfully gave
all the information in 5days.
==============================
Interim maintenance should be opposed in following grounds.
1)She can maintain herself.
2)No dv prima facie
3)She has approached court.with unclean hands.hence, no.relief
Always pray for no maintenance.
Less maintenance... less income of husband...husband has x y z liabilities.. are traditional lawyer's favourite but ineffective grounds.
The Saint
==============================
Dear Ravi !
I know you have got lots of different perspectives from people !! I
understand its confusing !
I know this email will be one in the thread and you may ignore it ! I am
writing this for lot of confused people like you !
I have gone through this in kinds of situations in all permutations and
combinations you can think of ( and cannot imagine now) and I think I am
very much eligible to talk to you !
Most members know my story ... its complicated .... :-)
WARNING: THis email requires lot of patience... :-)
1.Do you have a child ? If you have a child the dynamics is not solvable in
this email ....
call me....
2.
If you dont have a child , what makes you write an email to a group of men
asking whether to forgive that woman ?
Is it because you loved her once and you dont want to loose her?
Is it because you believe her but people around you dont believe her ?
3.
Most of our senior members believe in fighting the biased society and not
individuals... Feminism is a religion fostered by alpha males/
females/control freaks to stop the growing power of individually thinking
males.
If you get an apology letter from her saying that she misused law will help
us all in this group.
Will it solve your issue is the question. I need more information about you
and her in this regard.
4.
Preventing her to file further cases is not possible - Hope you know that.
But you can build a defence around you when she files further cases - but
all depends on how good you build your defence.
The key is - Who are the males in her family who are ready to sign the
affidavit that she filed false case along with her.. If her father (who is
in a good job in society and her paternal uncle and her brother above 18
years, her own lawyer)
Kindly note any woman who files a petition will say later she was forced to
do it. For example , when now she says this current complaint petition was
false, can also say the confession was also false.
Whats more convincing is providing proof against herself...
Samples
1. Says her father gives dowry in complaint -
She files in her final affidavit her father's declaration in office that
he has given no dowry.
2. Says you took jewels from her
- Files a photo of your mother giving jewels to her and submits them in
court to give to your custody.
- You further attach bills for such jewels were bought by your father for
his wife, given to the duaghter in law.
3.Says she wants maintenance as she is a housewife
- Files a IT return showing her income and PAN card and bank statement
showing her income.
- Her father files an IT return showing his income is below
4. She says your sister in different city hit her on such date
- She admits her lawyer asked her to include the name to get masala and
pressurize you
- you file documents related to her residence
Basically you get acquitted in lower court with her evidence or higher
court quashes based on her evidence. I support high court quash.
I have seen most compromises where wife goes to live with huband after 498A
is in high court mediation for a quash petition filed under CrpC 482 by
husband and relatives.
Quick Suggestions ( without knowing much background of your case)
1. File for Quash for everyone in all criminal cases in High Courts.
Get Stay on merits
Why ?
- You are not bound or having a gun on your head when sitting on
the table
- You dont show hatred when sitting in the mediation table
- She also thinks that you wont run away after removing the cases
2. Dont force her to withdraw any case
- By forcing there is an indirect element of promise
- Tell her with these cases I cannot think clearly
3. Remove the element of revenge inside you
- I tell this to people who have decided to break the
relationship also
- More MEN die of revenge than of any deadly disease
- Inform her that even if we dont live together or live together
- you dont want her to go through the pain you went thru
- Many will advise you only Mahatmas can do it.. I would rather
say its an intelligent , wise choice to stop your passion for revenge
- Does it mean you forgive her - may not be... But you dont want
to take any personal revenge
- Does it mean you will forget her deeds - DEFINITELY NOT... But
you both are going to live with it - as husband and wife or otherwise -
lets learn to manage our past - that's it
4. Just convery 1 message to her :
Ethics has to be practised not preached..
Means what
- She should not skip any case hearings , when you come she
should come...
- Her father/brother should accompany her - she should never come
alone to any case
- If you want to live with me, you should live with my cases also
till some point of time....
5. Say you hate the biased system, but you will fight till end... even if
you are fooled this time... Dharma will stand by my side ( without bull
crapping... Show to her that you are a fighter)
6. Most women just want to get out of court system - because they realised
it doesn't work in the way its shown in films and what her lawyer said (
your husband will bow to you if you file case). Most women are afraid of
wasting their youth in courts....
Try to understand her justification for filing case and withdrawing
and put question to her in mediation what if One day again I dont listen to
your word - will you file a case again or do a drama for suicide (remember
< 7 years marriage 304B is also non-bailable)
7. Put a point saying lets live together separately when the stay
continues.. will meet during functions etc.
- See what is her reaction
8. Tell her I am not like your father
- Bossy / hen pecked - See whats her reaction
9. If she is working ask her how her colleagues treat her after knowing
about the case
10. If she is not working ask her if she is willing to go for a job now and
can live without your maintenance
- Ask her to get a job before next mediation date... (This solves lot of
both of your problems).
I AM STOPPING HERE.. will give more funda based on your reply !
==============================
Like as you mentioned " if you are luckey will get *MCD* and only that *will
> ensure further no - litigation*"
>
> in the MCD scenario what points must be written in MCD to make sure that
> there will not be any further maintenance claims by wife after this Zero or
> X amount settlement to her & to kid as a lump sum amount ??
All alywers have the standard format. Only think you must check the major
three/four points.
1. All disputes had resolved mutall as per this agreement. The cases filed
against each others eg 498a/dv/crpc125 will be quashed or withdrawn with in
6 months.
2. No futher calim she will make or on behalf of child under any law of
presnet, past or future like crpc125, section24, section25 section18, dv or
any other law of the land.
3. None will file any litigation against each others in futu
==============================
> You deny divorce on any ground other than MCD with zero alimony. If they
> are in a hurry to get her remarried then they will have to accept divorce
> on your terms. You can easily drag divorce case for 5-6 years fighting
> till SC. Don't let them realise that you are in a hurry to get divorce. Its
> a mind game.
> Satya
*Its correct.*
Retweeting what Sathya said :
If they are in a hurry to get her remarried then they will have to accept
divorce on your terms.
You say no to divorce on any ground other than MCD with zero alimony and
withdrawal of all other pending cases after signing MoU.
Let your lawyers and opposite know through your lawyers that You can
easily drag divorce case for 5-6 years fighting till SC.
*Don't let them realise that you are in a hurry to get divorce. Its a mind
game.*
Your lawyers will say its not possible to get a zero alimony divorce. You
say my friends in Bangalore and Chennai have got it. Zero Alimony, No
cases pending Divorce: IT IS POSSIBLE ! I CAN VOUCH FOR THAT !
You should tell this to outside world.
"If she wants divorce, let her withdraw all cases, take no alimony and
leave.
For me I am least bothered if the divorce comes today or day after tomorrow
or next year.
Its her call ! "
==============================
Evidence is a very important stage of the trial. If you dont have a lwyer and doing it yourself, you must visit court room, preferrable session court to get a hang of how evidence is lead in trials.
Always in cross examination, the aim should be to make wife identify herself in the video/audio.
Play in a good laptop and not mobile.
Submit affidavit as per requirement of evidence act.
You can not lead evidences in HC and SC. except under extremely exceptional circumstances.
if cross examination is closed, file re-examination petition.
Since court is biased and against you, you immediately file appeal to transfer the case to some other lower court mention "court is biased so that I cannot able to get justice"
Ask for court transfer only under severe bias/hardship.
you need to highlight any unclean hands, hiding fact ,
abuse the process of law , she can maintian herslef etc to dismiss her
calim of main and no prima face evidnce of DV
==============================
For any eloctronic evidence, the first is to make transcript and then
submit as per evidence act .
If the viedo or audo is not orginal, then forensic test lab reprot required
the same not tampered.
Pls pls read electronic evidence act and Sc judge ment on that.
==============================
Qualified wife can’t sit idle and claim maintenance: Mumbai family court
Read the CRPC125 procedure. To give final Judgment the complintent
evidence to be done and cross and argument.
if she do not come on evidence, her aligations should not be taken on
record and you should get order in your favour.
So, go for your evidence record and then if she do not come for evidence,
go for argument and seek dismiss her petition on gorund came to court with
un clean hand, hiding fact and abuse the process of law.
==============================
Are you doing cross examination yourself ? It needs lot of preparation .
Also, close ended questions are required to be asked. And questions for which you know the answer too.
If you had asked a close ended question and she came up with this explanation, you should have given objection as this is not chief. She needs to answer only what is asked.
Not sure what you may have asked. but.. some probable questions could have been
1) please confirm if you are a working lady or house wife.2) please confirm in yes or no that on XXX date if you had been to office.
If she would say YES, then she will talk more to explain how you and your brother asked for dowry. and no need to show RTI that time.
if she would say no, then show the RTI.
This above flow could have been further improved too.
Now, since its already done, File an application under s.243 read with 311 of CrPC for further examination. Use SC order, Natasha Singh vs CBI (State)
Wish You Good Luck !!
==============================
It is not necessary that any order passed by this Court is challenged at the Honorable High Court of Mumbai. It is well settled that the court which passes the decree or order is entitled to review its own order if it is brought to the notice of the court that there is an "error" apparent on the face of record or there is some mistake committed in passing the said order. It is also equally well settled that the court has the right to review its own order if there are certain documentary evidences brought on record to justify the same.
It is evident that the respondent husband had to leave his job because of the necessity of his attending each and every frequent date of the divorce case proceedings, filed by his wife. Because he had to attend all the dates of the case filed by the wife, he could not concentrate on his job and he had to resign. The accepted resignation letter is with the records of this court. There is nothing on record which could prove that the husband is working as a IT consultant and he is director of a company as claimed by the petitioner wife. As such, this is definitely a change in circumstances, which requires modification of the earlier order passed by this court.
==============================
Any disclosures made by you to your lawyer are protected under section 126 of Indian evidence act and protection continues even after the employment has ceased. Moreover bar council also has some rules called attorney client privilege. So even if your lawyer shares something with anyone else which could only have been told to him by you, you can complain about him in bar council. He may loose his license. Hope that helps.
==============================
https://www.youtube.com/watch?
http://www.dnaindia.com/
May refer the following:
1.Madhya Pradesh High Court
Smt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000
Equivalent citations: 2000 (4) MPHT 457
2.http://ipc498a.files.
3.Use below points:
1. Use the case of “Smt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000 II (2000) DMC 170” wherein the MP HC held: “A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent lite alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose. Everyone has to earn for the purpose of maintenance of himself or herself, atleast has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversary who happens to be a spouse,…”
2. State :- “Based on her representations before marriage, she was found to be highly qualified, well-read and educated. However, at the time of claiming maintenance, she pretends to come across as a person unable to earn her livelihood. Submit her biodata that mentions her qualifications.
3. Use “Sanjay Bhardwaj & Ors. vs The State & Anr. Crl.M.C.No. 491/2009” wherein Delhi HC held “No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage.”
4. State :- The provision for grant of maintenance is not mandatory and no wife can ever claim an absolute unqualified right to it. Rather, only a married woman who has done her duties as a wife, who is unable to maintain herself, who has not deserted her husband, who refuses to live with her husband for a sufficient reason is eligible to claim maintenance.
5. State:- Having capacity to work and not working falls under the maxim of Anglo- Saxon jurisprudence that "no person can be allowed to incapacitate himself".
6. Also state:- Better than her are those women who though physically disabled, have the self-esteem to not beg for money but earn their own livelihood. For this point Use:Vikas Jain vs. Smt. Deepali@ Ayushi Jain in Crl Rev. No. 88 of 2002 a decision of Uttrakhand HC.
==============================
Focus more on:
1. Coming to court with unclean hands
2. Cant take benefit of her own wrongs
3. Leaving house at her own will for no reason
4. No Cruelty done
5. Educated and capability to earn
==============================
Suppression of the material facts associated with the case is "unclean hands". Eg. Not disclosing your education, previous job experience, any other litigation etc amounts to suppression of facts.
==============================
say she went to parents first time and then problem started happening,
they want to earn money from the new guy after educating there daughter more and marrying her off.
==============================
==============================
I. If your wife is in service or has any business or ancestral properties or any
other income sources or is well educated try to find out that, weather wife has
disclosed these material facts in her application or has not disclosed if she
has not disclosed. This is your 1st and best defense ground that, wife is not
with clean hands.
II. If she has admitted her job, income etc in her application. You have good
defense that, she is able to maintain her and therefore is not entitled for the
maintenance. This is your 2nd ground for the defense.
III. Find out that, weather wife has filed the application within the
jurisdiction of the court, where she lives or where she lived lastly with you or
where you live or where your marriage was solemnized if not you have defensed
that, the court has no jurisdiction to entertain the application. This is your
3rd ground. ( reference:- section 126 of the criminal procedure code)
IV. Find out that, weather the wife has made false, misleading statements in the
application if any note down the material statements and keep always in your
mind that, you have to prove that, these statements are false and misleading.
Try to collect evidence for the same and keep these statements in your mind at
the time of wife’s cross-examination before the court. Give suggestions to
your advocate bring out the truth through wife’s own mouth at the time of
cross examination. If you succeeded to bring out contradictory statements, this
may impeach the credit of the wife and she also may be libel for the procuration
for the false evidence. This is your 4th defense ground
V. Find out that, if wife has filed any other proceedings against you obtain the
copies of the same and after comparative study find out that, if she has made
any contradictory statements in another proceedings or has admitted some facts.
If she has admitted material facts you can use these statements as admission in
view of section 17and section 58 r/w sections 31 of the Indian evidence act. And
if any contradictory statements has made use that statements to impeach the
credit of the wife in view of section 155(3) and section 145of the Indian
evidence act. This is your 5th ground for the defense.
VI. Find out that, if she has stated in her application that, she is not ready
to live with you and she is not interested to live with you then you have best
ground for the defense that, unreasonably your wife has deserted you and
therefore she is not entitled for the maintenance. This is your 6th ground for
the defense.
VII. Find out that, if wife has made only vague statements and vague allegation
against you and against your family without any details, events, dates or other
facts you have ground for the defense of “Insufficient and vague pleadings�
and “allegations are general in nature�. This is your 7th ground for the
defense.
VIII. If she has earlier filed maintenance proceedings or has obtained
maintenance orders, you have defensed that, multiple maintenance proceedings are
not allowed therefore the proceeding under section125 may be stayed or quashed.
This is your 8th ground for the defense.
==============================
1. Prove her employability
2. Prove that she was earning, if she was.
3. If she is commiting adultery then prove that.
4. Any other points that weakens her case
1. Show only proofs which are required at this time (think of those that she
might be aware that you CAN have those).
2. Written Arguments are important, coupled with oral submission.
3. Press on all grounds. Leave no stone unturned. Interim Maintenance will most
probably get converted into final during end of case so fight this tooth-n-nail.
4. Citations, Arguments, proofs, history, reference, everything has equal
importance.
Dont take this stage any lightly.
==============================
How to fight interim maintenence in Cr.p.c. 125
As mentioned Zillion times on this forum, let me reiterate once again
concentrate on
1. Wife can maintain herself. She is educated, she is able bodied. Bring the focus on wife from you.
2. Bring out the lies on material facts stated by wife. Establish them with proof. Harp "unclean hands - no relief" "unclean hands - no relief" till judge gets convinced.
==============================
*Q: How to prepare for trial in 498A/DV/CRPC125 cases?*
• Cases WIN on ground contradictory statements, creating doubt against any
allegations, abuse the process of LAW or for coming to court with unclean
hands.
• Go through all FIR/ Complaint/ Charge sheet or any other cases documents
, then note down the contradictory statements, hiding of Important Fact.
• On Facts of cases, prepare the questions for complainant and witness for
Cross.
• Bring out the fact in court and also try to find reference Judgments of
SC like your cases.
• Use of CrPC 340 should not be missed at any stage.
• 90% preparation should be from your side, as you know the fact better
than your lawyers.
• Avoid any contradictory statements or allegations without evidence from
your side.
• Highlight all the good things you have done for her, like purchase of any
items / home / FD / education / photos of outings etc.
• Identify the motive of her filling such cases, MOST IMPORTANT.
==============================
==============================
Dear All,
I had been repeatedly observing the tendency of Husband and their family
doing the common mistakes pls try to avoid it:
1. Confused stand , should i take back my wife or refuse. There is no two
way , first u decide , what u want and stick with your sand irrespective
what ever price u have to pay. I have seen people filling divorce and then
say i am ready to take back wife, filling RCR and then say i will not stay
her i afrid or she may file again false cases. Such stand always put u in
trouble.
2. Wife is not responding my mail/call etc. If she can stay without u, why
u cant?
3. Should i start legal case first or wait till she file any cases? Keep
one think in mind , getting way without paying money with a divorce degree
is very difficult , if husband show his egarness of divorce. You have to
patience game and only think can same u mutual divorce. You do not want to
pay monthly maintenance, or allomeny, but seek divorce, you are running in
a day dream.
4. Jobless: So court can't order maintenance . This is purely wrong
conception. Jobless is not a ground to deany maintenance , you earn less is
not a crime but jobless claim 99% cases judge will take adverse decision
against you.
5. Have property in husband name, gift/transfer to close relatives like
mother/sisters etc. Sorry judges are not fool, sell off and then buy new
one in name of sister or mother is the best way. Otherwise such property
can be under disputes and you will be stuck with other adverse situation.
6. Disown but keep contact with parents and even stay in same place. Most
dangerous and judge will take adverse decision.
7. I do not know why my wife is doing this all, sorry , if u do not know ,
try to know that , such veuge stand always put u in trouble, means your
wife had not done any think wrong. You don not know why she is doing this,
but she is very clear why she is doing such think. When u do not know , how
u will make your action plan to defeat her desire what she want?
5. Once again the formula : Stress= Uncertainty x importance, when you do
not sure what u want , your uncertainty is too high and importance is too
high, u have to make one zero.
Request all to keep in mind when advice some one who are new.
With the time and situation of Judges mindset we have to revolve our
strategy and action plan and most important, review opposite party strength
and week ness.
==============================
As a thumb rule : If you are accused, better to expose the evidence after
her statement/evidence/cross.
But if you are complainant or petitioner, submit all evidence , as after
wards some evidence may not accept as amendment.
==============================
Now wahtever evidence you have and try to collect as much as possible
preferably ITR/PF/Bankcoount of oppositey party and file your reply she
came to court in uncaln hands and hiding fact.
Also if the same in serious in nature and she filed under affadiavate, you
can use the crpc340 , pergury against her.
=============================
as u already have enough proof about her wrong statements to court - by suppressing the material facts and misleading the authority -- u just sit quite
and don't reveal anything to anyone and to even your lawyer.
let her give the affidavit and statement before the judge -then u can start your game before any interim decisions.
==============================
say she went to parents first time and then problem started happening,
they want to earn money from the new guy after educating there daughter more and marrying her off.
==============================
How to defend/fight the application of the wife filed under section 125 of the
criminal procedure code?
Section 125(1) of the criminal procedure code is codified for the maintenance to
the wife, children’s and parents who are unable to maintain themselves. The
proviso has been made in social interest.
� Procedure under Section 125 of the criminal procedure code is quasi civil
quasi criminal in nature and is a summary procedure.
When you will receive any notice/summons from the court:-
1. Never ignore/refuse to receive notice/summons weather it is by post or by
police authority or any other way because if it may returned with remark that,
the respondent refused to receive the notice, the opposite party will get chance
to proceed “X� party against you.
2. Read the notice and see if the copy of the application is attached with it or
not if any read it carefully.
3. If you are not capable to defend the matter in person, think about to appoint
the advocate always choose honest and expert advocate.
4. Never give all the papers to your advocate always keep one Photo copy of
every paper in your file. At first don’t give original papers, supply only
photo copies. But for producing the documents in court give original copies.
5. Read the application again and again and now read the application of your
wife keeping above mentioned points in your mind:-
I. If your wife is in service or has any business or ancestral properties or any
other income sources or is well educated try to find out that, weather wife has
disclosed these material facts in her application or has not disclosed if she
has not disclosed. This is your 1st and best defense ground that, wife is not
with clean hands.
II. If she has admitted her job, income etc in her application. You have good
defense that, she is able to maintain her and therefore is not entitled for the
maintenance. This is your 2nd ground for the defense.
III. Find out that, weather wife has filed the application within the
jurisdiction of the court, where she lives or where she lived lastly with you or
where you live or where your marriage was solemnized if not you have defensed
that, the court has no jurisdiction to entertain the application. This is your
3rd ground. ( reference:- section 126 of the criminal procedure code)
IV. Find out that, weather the wife has made false, misleading statements in the
application if any note down the material statements and keep always in your
mind that, you have to prove that, these statements are false and misleading.
Try to collect evidence for the same and keep these statements in your mind at
the time of wife’s cross-examination before the court. Give suggestions to
your advocate bring out the truth through wife’s own mouth at the time of
cross examination. If you succeeded to bring out contradictory statements, this
may impeach the credit of the wife and she also may be libel for the procuration
for the false evidence. This is your 4th defense ground
V. Find out that, if wife has filed any other proceedings against you obtain the
copies of the same and after comparative study find out that, if she has made
any contradictory statements in another proceedings or has admitted some facts.
If she has admitted material facts you can use these statements as admission in
view of section 17and section 58 r/w sections 31 of the Indian evidence act. And
if any contradictory statements has made use that statements to impeach the
credit of the wife in view of section 155(3) and section 145of the Indian
evidence act. This is your 5th ground for the defense.
VI. Find out that, if she has stated in her application that, she is not ready
to live with you and she is not interested to live with you then you have best
ground for the defense that, unreasonably your wife has deserted you and
therefore she is not entitled for the maintenance. This is your 6th ground for
the defense.
VII. Find out that, if wife has made only vague statements and vague allegation
against you and against your family without any details, events, dates or other
facts you have ground for the defense of “Insufficient and vague pleadings�
and “allegations are general in nature�. This is your 7th ground for the
defense.
VIII. If she has earlier filed maintenance proceedings or has obtained
maintenance orders, you have defensed that, multiple maintenance proceedings are
not allowed therefore the proceeding under section125 may be stayed or quashed.
This is your 8th ground for the defense.
6. File written statement/say with verification and with support of the
affidavit. Be careful at the time of filing the written statement, see whether
you have drafted the written statement keeping above mentioned points in the
mind:-
A. Which material facts have suppressed and has not disclosed by wife in her
application.
B. She is able to maintain herself.
C. Her education, profession, service, business, income, her ancestral
properties and weather she is taking any income/ share from ancestral properties
etc.
D. She has unreasonably deserted you and you are ready to cohabit with her.
E. If she is leaving in adultery. (proof is very necessary otherwise never take
this ground it will permanently close the doors of the justice.)
F. Reason why she has filed the false application against you.
G. All the dependents on you and all the loans, deductions, compulsory
deductions, illness of you and your family members and spending’s on it.
H. If maintenance may be granted you cannot maintain yourself.
I. State that, if maintenance may be granted your matrimonial life will break
and your wife will never give response to your request of the cohabitation.
J. If any interim of final maintenance has been granted to the wife in another
proceeding.
K. If she has filed multiple maintenance proceedings. Multiple maintenance
proceedings are not allowed by law.
7. Points for the consideration at the time of cross:-
i. Enable the wife to admit her income, business, service educational
coalification her ancestral properties and incomes she getting from her parents.
ii. Enable the wife to admit that, she is not ready to cohabit with you.
iii. Enable the wife to admit that, she has left your house.
iv. Enable the wife to admit that, to make contradictory statements to her
statements about cruelty, ill-treatment, dowry harassments etc.
v. Enable the wife to admit that, other family members of your family are depend
on you and some members are old and are sick.
8. Documents and oral evidence to support your case on above points:-
A. Salary slips, Fixed Deposits of the wife, her shares in ancestral property,
business, Rt-returns educational and professional coalification. Documentary and
oral evidence can be leaded to prove the same. Documents can be called by court
orders.
B. Your matrimonial life was happy and no ill-treatment or harassment has been
caused.
C. She not wishes to live with you; unreasonably she has left your house.
D. She is leaving Adultery (if really is in adultery). Can be proved by oral
evidence.
9. Alternative remedies:-
I. Prefer stay application to stay the proceeding under section 125, if other
proceedings for the maintenance already has preferred by wife.
Case laws to support your application:-
a) Mumbai High Court Ravindra Haribhau Karmarkar vs Mrs. Shaila Ravindra
Karmarkar And Another on 17/7/1991.
b) IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 30th August, 2010 Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010 %
30.8.2010 Rachna Kathuria … Petitioner Versus Ramesh Kathuria … Respondent
c) Bombay High Court Sangeeta Piyush Raj vs Piyush Chaturbhuj Raj on 13
January, 1998 Equivalent citations: 1998 (3) BomCR 207, II (1998) DMC 443 Bench:
M S C.J., R Kochar.
II. Obtain decree from the competent civil court for the restitution of the
conjugal rights or decree of divorce on ground of desertion or on ground of
adultery. Her application will be rejected on this ground or if already
maintenance has granted it will be cancelled under section 127 of the criminal
procedure code.
10. Effective argument; points for the arguments:-
I. She has unreasonably left the house and has deserted the husband, therefore
is not entitled for the maintenance:-
Case laws on this point for support your argument:-
a) Rohtash Sigh vs Smt. Ramendri AIR 2000 SC 952.
b) SanjaySudhakarBhosale Versus Khristina w/o Sanjay Bhosale dated 8.4.2008.
c) Uttaranchal High Court Smt. Archana Gupta & Another vs Sri Rajeev Gupta &
Another on 18 November, 2009.
d) Rajasthan High Court. Bheekha Ram vs Goma Devi And Ors. on 22 January, 1999.
Equivalent citations: 1999 CriLJ 1789. Author: G Gupta. Bench: G Gupta....
II. She has her business, service and other income sources, she is well educated
and She is capable to maintain herself:-
Case laws on this point for support your argument:-
a) Karnataka High Court Equivalent citations: AIR 2005 Kant 417, ILR 2005 KAR
4981.
b) IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: September 18,2008
CM(M) 949/2008 Manish Kumar …Petitioner Versus Mrs. Pratibha…Respondent.
c) Delhi High Court Kaveri vs Neel Sagar & Anr. on 25 October, 2010.CM(M)
1153/2008 KAVITA PRASAD ….. Petitioner versus RAM ASHRAY PRASAD …..
III. She has suppressed material facts from the court and is playing fraud on
court as well is playing fraud on opponent and she is not with clean hands,
therefore she is not entitled for relief of maintenance or any other reliefs.
Person whose case is based on falsehood can be throughout at any stage of the
proceeding and has not any right to seek any relief from the court.
Case laws on this point for support your argument:-
a) Supreme Court of India S.P Chengalvaraya Naidu vs Jagannath on 27 October,
1993 Equivalent citations: 1994 AIR 853, 1994 SCC (1) 1.
b) Kolkata High Court (Appellete Side) Md. Ashiruddin & Anr vs State Of West
Begal & Anr on 25 March, 2008.
c) Supreme Court of India G.M. Haryana Roadways vs Jai Bhagwan & Anr on 5 March,
2008.
IV. You are ready to maintain to her if she lived with you:-
Legal provisions to support your argument:-
Section 125(4) and section 125(5) is codified to protect the right of the
husband to cohabit with his wife. At any time you can ask your wife to cohabit
with you. If unreasonably she refused, she is not entitled to maintenance. Even
after the maintenance order you can give offer to your wife to live with you and
if your wife unreasonably refused to co habit with you her maintenance order may
be cancelled.
Section 125(5) is codified as above:- “On proof that any wife in whose
favor an order has been made under this section is living in adultery, or that
without sufficient reason she refuses to live with her husband, or that they are
living separately by mutual consent, the Magistrate shall cancel the order�.
Section 125(4) is codified as above:-
“No Wife shall be entitled to receive an allowance from her husband under this
section if she is living in adultery, or if, without any sufficient reason, she
refuses to live with her husband, or if they are living separately by mutual
consent.�
11. Other options:-
If your wife obtained order of interim maintenance or final maintenance by
playing fraud on court you may prefer application, suit, revision, writ etc. to
cancel the order or declare that, the order is nullity.
Case laws for support:-
a) Supreme Court of India A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors
on 7 March, 2007.
b) Delhi High Court Manmohan Singh Dhaliwal vs Gurbax Singh Arora And Ors. on 2
November, 2001 Equivalent citations: 94 (2001) DLT 820, 2002 (61) DRJ 801.
12. Insolvent person may file proceeding for the declaration that, “He is
insolvent person�. After declaration JMFC or any other court has no
jurisdiction to order to pay maintenance to the wife or recover the maintenance
already granted.
This article is not against the any woman or against the laws framed for the
woman. Every husband is duty bound to maintain his honest wife who is unable to
maintain herself. Breaking matrimonial life or unreasonably deserting the wife
is worst the thing and author of this article hates the same.
Let her file the
court afediavate. Then file to dismiss the petition on the gorund she came
to court in unclean hands as main think, along with crpc 340, discuss with
wasif, he also able to dismiss her ex petition in such similier gorunds,
she filed a case
Dear Friends
... As per the advise of our friend Vinayak I wish to share the little story....
After 10 yr of married life woman runs away from the house to her parents caliming harassment and mental and physical torture... I believe most of you are too familiar with these terms. A real effort was made by me to convince her to come back for the sake of our two little children, but instead she filed a DV Case against me at Bhopal... (where she is with her parents). Intial reaction was same as might have happened with many of you dis-belief, isolation (self created), loss of confidence etc... initially I ran away from the case taking further dates and not submitting reply (mostly a thought also came thinking that time will convince her to come back), but it appeared that time was only hardening her stance... so finally decided to take it head on... courts were as they are slow and unmoving fourth judge on seat, however, some urgency is now being shown by the court too. It seems now she is running away as I am sitting with all my proofs and
witnesses. Despite discomfort of travelling long distances I have decided to take shorter dates and now finish it off as soon as possible... My advice to the fellows in distress is as follows:
(a) Do not run from the situation, take it head on even if at the cost of facing the curious look of workers.
(b) Collect as many documents as possible, emails, letters etc which support your cause and make a file with an index of these documents put serially.
(c) Do not lose your confidence, talk to people and meet guys with similar experiences. I do not hesitate in speaking about my condition and to my surprise there are many many such cases. Even in the close families of at least more than 60% people. It helps to improve your morale as well as gives a lot of ideas as to how to go about the case.
(d) Get your bearings right in the court and while dealing with the lawyer, instead of he advising, you ask him questions which he should answer... moment you see one trying to pull a smart one on you just kick him. (in my case the first lawyer tried to play with my lost confidence who showed my stars and slowly he was on the way to extort money, which was his strategy probably to pull enough money and then ask for even more on some or the other pretext.
(e) keep your morale high don't let your work suffer and keep interacting with this group...
==============================
One basic principle of law is: No one can take advantage of their own wrong. For example, I cannot take up a insurance policy on my car, next day burn the car myself, and then proceed to claim the insurance amount from insurer! That would be taking advantage of my own wrong.
We have to use this basic principle to deny maintenance always. Tell everyone, judges, mediators, opponent advocate, your advocate; that this woman cannot be allowed to take advantage of her own wrong. She cannot leave husband house out of her own free will, cook up some sob stories of violence at the hand of her husband, and then claim to get maintenance from husband based on those cooked up allegations.
Neeraj Aggarwal vs Veeka Aggarwal - Delhi district court 2007
In her entire application the applicant has no where stated that she is also an engineer graduate in the field of Electronics and Communication and is now a MBA with specialization in Marketing and HR. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and MBA professional, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the respondent.
Mamta Jaiswal vs Rajesh Jaiswal - MP HC 2000
Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure ? Whether such spouse should be permitted to get pendente life alimony at higher rate from other spouse in such condition? According to me, Section 125 has been enacted for the purpose of
providing a monetary assistance to such spouse who is incapable of supporting himself or herself in spite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose. The law does not help indolents as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, atleast, has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversory who happens to be a spouse, once dear but far away after an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlement because he would be reaping the money in the nature of pendente lite alimony, and would prefer to be happy in remaining idle and not bothering himself or herself for any activity.
Focus more on:
1. Coming to court with unclean hands
2. Cant take benefit of her own wrongs
3. Leaving house at her own will for no reason
4. No Cruelty done
5. Educated and capability to earn
How to fight interim maintenence in Cr.p.c. 125
As mentioned Zillion times on this forum, let me reiterate once again
concentrate on
1. Wife can maintain herself. She is educated, she is able bodied. Bring the focus on wife from you.
2. Bring out the lies on material facts stated by wife. Establish them with proof. Harp "unclean hands - no relief" "unclean hands - no relief" till judge gets convinced.
• Identify the motive of her filling such cases, MOST IMPORTANT.
==============================
"In case of interm maintiance , her qualification may support , but you have to
proof , she is able to maintian herself with proper documentatry evidence and in case of interm may be the same
will not be considered if you do not have strong evidence.
So, concentrate on highlight to her contracted statements ,
unclean hands , hding any facts etc."
==============================
1. Knowledge is power :
1 a. Read - Forums, Judgements, case victories
1 b. Be genuinely interested in others cases in SIF Meetings- you get their
experience for free
1 c. Go to all SIF Dharnas... It boosts your morale
1 d. Help your friends in their cases - Go check the status, get their
certified copies
1 e. draft your own petitions
2.Balance your work and case
2 a. get dates accordingly, never miss your case date
2 b. Choose which case to fight... Dont file multiple cases against them..
Its useful to file counter case if the opposite side is very aggressive and
are hurting you heavily. Otherwise refrain from filing useless cases on
them.
2 c. Work in the city where your cases are running
2 d. Dont expect promotions in your office... if you get wonderful
2 e. Dont expect your cases to finish in next 2 months etc. Plan only for
short period say 2 weeks..
3. Lawyer Management (very difficult - I am also learning)
3a. There is no Good or Bad lawyer- there is only manageable lawyer
3b. Let him not be your advisor or counsellor - Dont allow him to take
decisions like whether you would want to live with her, or whether to file
a custody case or not, whether to file counter case or not
3c. Monitor him on-site and off site (send your friend to case, in case you
cant go on a critical date)
3d. Insist on getting certified copies of your, theirs petitions and order
sheet on important mile stones.(esp if you are fighting remotely from
distant city).
3e. Take him to restaurants etc. but dont flaunt or show off money in your
purse.
3f. When it comes to settlement talks dont disclose your actual limit to
him. Persist on $0 divorce or you will fight till Supreme Court.
3g. Never pay maintenance to wife in cash to him.
3h. Have different lawyers for different cases. So the opposite side cant
get a 360 degree view of your moves.
3i. Be friendly to the juniors and court clerks. the senior lawyer is
dependent on them. they give vital clues for next profitable move.
3j. Make friends with court staff also. ( Need not bribe, casual smile
everytime is also enough).
3k. Make it a point to call your lawyer (if possible in person) 1 day
before court date to discuss. Just to show you are not afraid of court
matter.
--------------------
About writing about her relatives instigating your wife in the petition :
You dont have to prove it....
Alpha Male/Female Relatives want to do Panchayat or Dadagiri only offline.
they dont want themselves to come and stand in witness stand/booth or get
in to court jamela.
More the times you qoute their name in the petition , more they are averse.
Dont do it if your wife has not pulled all your relatives in the case yet
*121#
==============================
But I would say, like advocates , the detectives can also change loyalty to
opposite side anytime.
I personally work in a case, where the detective paid by husband turned
hostile and is a witness in 498A case. ( Note: Following a woman is also
considered rape as per new law. Hence the detective will turn hostile to
avoid a rape case on him).
Please be careful:
ALTERNATIVES:
1. If She is working in a govt firm, File an RTI u/s 7(1) with Life and
liberty clause (get in 48 Hours) stating your criminal cases
2. if she works for a big company, file an RTI to PF and IT departments.
3. You can also file CrPC 91 to get records from her employers.
*WARNING: ***********************
*See to that your enquiries doesn't make her jobless. We want her to be
happy, wealthy and healthy to maintain herself all her life. Long live
women's lib to work and earn on her own.*
==============================
She can challenge the will in court. Make it watertight. Get it witnessed by at least one lawyer and one doctor. Although its not necessary but it would be better if you get it registered.
When you say you have removed her name from bank accounts etc , I suppose what you mean is you removed her as nominee. What you have to understand is nominee is only custodian of the asset till it is transferred to legal heir according to the respective succession act. So while making will include all your assets including bank accounts, fixed deposits, insurance policies irrespective of who the nominee is.
Satya
==============================
Neeraj
1. You dont have sufficient proof that you can file an PCR/ FIR against them. In turn they will file 100s of cases against you.
2. Dont think that system will help you. You are a male , that too well -earning, no one in system wants to help you. They just want your money. Who ever files cases first, the mafia will only profit. So refrain from filing cases.
3. No problem can be solved by violence, filing cases against each other is violence. Be cool, Be prepared for 498A. Take precautionary steps. Save the evidences. If you see a 498A coming, apply for Anticipatory bail. See one lawyer in their city, pay some consultation fees , dont give oppostie party details, dont allow him to mediate, and give the lawyers number to your friends in case you are arrested they can call this lawyer.
4.Don't initiate any talks through 3rd person. Dont abuse your SIL and BIL to their relatives. It doesnt guarantee you life with your wife. But it will definitely bring cases in to your lives.
5. Prepare to live with your wife remotely. See your son once in 2 months, dont quarrel, dont hate your SIL, send money to your son in meagre amounts 1k , 2k per month - no fixed amount or dates. Send to her office address. Dont avoid sending money.
Most women need the maternal support for new born children, especially if they are working. their ego doesnt allow them to live with in laws (your parents) or ask help during post child birth.
Many women behave erratically post child birth (some syndrome). So Dont instigate her in this confusing period to file cases.
Let her decide on whether to come and live with you slowly.... Time will heal...
Keep your attitude like - if you dont want to live with me, I have no issues - dont tell it out to anyone - your actions will make her understand. More you force , more friction, more cases... Be calm and cool !
Time to take life in your way.. dont waste your life in alcohol and stupid stuff , go around the world, earn good money, exercise, keep fit .. Live Life !
6. If your relatives force you to bring wife back , avoid them casually saying your wife is not well, she will come next month etc. You can live without your wife peacefully if you allow her to live peacefully.
7. Collect her details /income proofs.
8. Your ego is your biggest enemy, Your anger( due to helplessness) and anxiety is the next biggest enemy. Your sister in law is not your enemy. The gender biased society which tells you you are nothing without your wife is your enemy. It is your wife's enemy too !
Live a peaceful life with/without wife, with/without cases.
==============================
> How IT (information technology) falls under RTI ?
>
> Can anyone help ?
File an RTI under section 2f to that it company and copy the same to
Minstry of corporate affairs seeking her salary, date of joining, latest
3payslips, pf account number, bank name n account number where her salary
gets credited.
When I did the same, Deloitte replied saying they r not in the ambit of RTI
and they will provide the information sought only when asked by court.
MCA, considered my RTI and asked Deloitte to provide information. Deloitte
didn't respond in 30days.
Mca gave show cause notice for non compliance n waited30more days. Still no
response n mca filed case in high Court, then Deloitte respectfully gave
all the information in 5days.
==============================
Interim maintenance should be opposed in following grounds.
1)She can maintain herself.
2)No dv prima facie
3)She has approached court.with unclean hands.hence, no.relief
Always pray for no maintenance.
Less maintenance... less income of husband...husband has x y z liabilities.. are traditional lawyer's favourite but ineffective grounds.
The Saint
==============================
Dear Ravi !
I know you have got lots of different perspectives from people !! I
understand its confusing !
I know this email will be one in the thread and you may ignore it ! I am
writing this for lot of confused people like you !
I have gone through this in kinds of situations in all permutations and
combinations you can think of ( and cannot imagine now) and I think I am
very much eligible to talk to you !
Most members know my story ... its complicated .... :-)
WARNING: THis email requires lot of patience... :-)
1.Do you have a child ? If you have a child the dynamics is not solvable in
this email ....
call me....
2.
If you dont have a child , what makes you write an email to a group of men
asking whether to forgive that woman ?
Is it because you loved her once and you dont want to loose her?
Is it because you believe her but people around you dont believe her ?
3.
Most of our senior members believe in fighting the biased society and not
individuals... Feminism is a religion fostered by alpha males/
females/control freaks to stop the growing power of individually thinking
males.
If you get an apology letter from her saying that she misused law will help
us all in this group.
Will it solve your issue is the question. I need more information about you
and her in this regard.
4.
Preventing her to file further cases is not possible - Hope you know that.
But you can build a defence around you when she files further cases - but
all depends on how good you build your defence.
The key is - Who are the males in her family who are ready to sign the
affidavit that she filed false case along with her.. If her father (who is
in a good job in society and her paternal uncle and her brother above 18
years, her own lawyer)
Kindly note any woman who files a petition will say later she was forced to
do it. For example , when now she says this current complaint petition was
false, can also say the confession was also false.
Whats more convincing is providing proof against herself...
Samples
1. Says her father gives dowry in complaint -
She files in her final affidavit her father's declaration in office that
he has given no dowry.
2. Says you took jewels from her
- Files a photo of your mother giving jewels to her and submits them in
court to give to your custody.
- You further attach bills for such jewels were bought by your father for
his wife, given to the duaghter in law.
3.Says she wants maintenance as she is a housewife
- Files a IT return showing her income and PAN card and bank statement
showing her income.
- Her father files an IT return showing his income is below
4. She says your sister in different city hit her on such date
- She admits her lawyer asked her to include the name to get masala and
pressurize you
- you file documents related to her residence
Basically you get acquitted in lower court with her evidence or higher
court quashes based on her evidence. I support high court quash.
I have seen most compromises where wife goes to live with huband after 498A
is in high court mediation for a quash petition filed under CrpC 482 by
husband and relatives.
Quick Suggestions ( without knowing much background of your case)
1. File for Quash for everyone in all criminal cases in High Courts.
Get Stay on merits
Why ?
- You are not bound or having a gun on your head when sitting on
the table
- You dont show hatred when sitting in the mediation table
- She also thinks that you wont run away after removing the cases
2. Dont force her to withdraw any case
- By forcing there is an indirect element of promise
- Tell her with these cases I cannot think clearly
3. Remove the element of revenge inside you
- I tell this to people who have decided to break the
relationship also
- More MEN die of revenge than of any deadly disease
- Inform her that even if we dont live together or live together
- you dont want her to go through the pain you went thru
- Many will advise you only Mahatmas can do it.. I would rather
say its an intelligent , wise choice to stop your passion for revenge
- Does it mean you forgive her - may not be... But you dont want
to take any personal revenge
- Does it mean you will forget her deeds - DEFINITELY NOT... But
you both are going to live with it - as husband and wife or otherwise -
lets learn to manage our past - that's it
4. Just convery 1 message to her :
Ethics has to be practised not preached..
Means what
- She should not skip any case hearings , when you come she
should come...
- Her father/brother should accompany her - she should never come
alone to any case
- If you want to live with me, you should live with my cases also
till some point of time....
5. Say you hate the biased system, but you will fight till end... even if
you are fooled this time... Dharma will stand by my side ( without bull
crapping... Show to her that you are a fighter)
6. Most women just want to get out of court system - because they realised
it doesn't work in the way its shown in films and what her lawyer said (
your husband will bow to you if you file case). Most women are afraid of
wasting their youth in courts....
Try to understand her justification for filing case and withdrawing
and put question to her in mediation what if One day again I dont listen to
your word - will you file a case again or do a drama for suicide (remember
< 7 years marriage 304B is also non-bailable)
7. Put a point saying lets live together separately when the stay
continues.. will meet during functions etc.
- See what is her reaction
8. Tell her I am not like your father
- Bossy / hen pecked - See whats her reaction
9. If she is working ask her how her colleagues treat her after knowing
about the case
10. If she is not working ask her if she is willing to go for a job now and
can live without your maintenance
- Ask her to get a job before next mediation date... (This solves lot of
both of your problems).
I AM STOPPING HERE.. will give more funda based on your reply !
==============================
Like as you mentioned " if you are luckey will get *MCD* and only that *will
> ensure further no - litigation*"
>
> in the MCD scenario what points must be written in MCD to make sure that
> there will not be any further maintenance claims by wife after this Zero or
> X amount settlement to her & to kid as a lump sum amount ??
All alywers have the standard format. Only think you must check the major
three/four points.
1. All disputes had resolved mutall as per this agreement. The cases filed
against each others eg 498a/dv/crpc125 will be quashed or withdrawn with in
6 months.
2. No futher calim she will make or on behalf of child under any law of
presnet, past or future like crpc125, section24, section25 section18, dv or
any other law of the land.
3. None will file any litigation against each others in futu
==============================
> You deny divorce on any ground other than MCD with zero alimony. If they
> are in a hurry to get her remarried then they will have to accept divorce
> on your terms. You can easily drag divorce case for 5-6 years fighting
> till SC. Don't let them realise that you are in a hurry to get divorce. Its
> a mind game.
> Satya
*Its correct.*
Retweeting what Sathya said :
If they are in a hurry to get her remarried then they will have to accept
divorce on your terms.
You say no to divorce on any ground other than MCD with zero alimony and
withdrawal of all other pending cases after signing MoU.
Let your lawyers and opposite know through your lawyers that You can
easily drag divorce case for 5-6 years fighting till SC.
*Don't let them realise that you are in a hurry to get divorce. Its a mind
game.*
Your lawyers will say its not possible to get a zero alimony divorce. You
say my friends in Bangalore and Chennai have got it. Zero Alimony, No
cases pending Divorce: IT IS POSSIBLE ! I CAN VOUCH FOR THAT !
You should tell this to outside world.
"If she wants divorce, let her withdraw all cases, take no alimony and
leave.
For me I am least bothered if the divorce comes today or day after tomorrow
or next year.
Its her call ! "
==============================
Evidence is a very important stage of the trial. If you dont have a lwyer and doing it yourself, you must visit court room, preferrable session court to get a hang of how evidence is lead in trials.
Always in cross examination, the aim should be to make wife identify herself in the video/audio.
Play in a good laptop and not mobile.
Submit affidavit as per requirement of evidence act.
You can not lead evidences in HC and SC. except under extremely exceptional circumstances.
if cross examination is closed, file re-examination petition.
Since court is biased and against you, you immediately file appeal to transfer the case to some other lower court mention "court is biased so that I cannot able to get justice"
Ask for court transfer only under severe bias/hardship.
you need to highlight any unclean hands, hiding fact ,
abuse the process of law , she can maintian herslef etc to dismiss her
calim of main and no prima face evidnce of DV
==============================
For any eloctronic evidence, the first is to make transcript and then
submit as per evidence act .
If the viedo or audo is not orginal, then forensic test lab reprot required
the same not tampered.
Pls pls read electronic evidence act and Sc judge ment on that.
==============================
Qualified wife can’t sit idle and claim maintenance: Mumbai family court
Read the CRPC125 procedure. To give final Judgment the complintent
evidence to be done and cross and argument.
if she do not come on evidence, her aligations should not be taken on
record and you should get order in your favour.
So, go for your evidence record and then if she do not come for evidence,
go for argument and seek dismiss her petition on gorund came to court with
un clean hand, hiding fact and abuse the process of law.
==============================
Are you doing cross examination yourself ? It needs lot of preparation .
Also, close ended questions are required to be asked. And questions for which you know the answer too.
If you had asked a close ended question and she came up with this explanation, you should have given objection as this is not chief. She needs to answer only what is asked.
Not sure what you may have asked. but.. some probable questions could have been
1) please confirm if you are a working lady or house wife.2) please confirm in yes or no that on XXX date if you had been to office.
If she would say YES, then she will talk more to explain how you and your brother asked for dowry. and no need to show RTI that time.
if she would say no, then show the RTI.
This above flow could have been further improved too.
Now, since its already done, File an application under s.243 read with 311 of CrPC for further examination. Use SC order, Natasha Singh vs CBI (State)
Wish You Good Luck !!
==============================
It is not necessary that any order passed by this Court is challenged at the Honorable High Court of Mumbai. It is well settled that the court which passes the decree or order is entitled to review its own order if it is brought to the notice of the court that there is an "error" apparent on the face of record or there is some mistake committed in passing the said order. It is also equally well settled that the court has the right to review its own order if there are certain documentary evidences brought on record to justify the same.
It is evident that the respondent husband had to leave his job because of the necessity of his attending each and every frequent date of the divorce case proceedings, filed by his wife. Because he had to attend all the dates of the case filed by the wife, he could not concentrate on his job and he had to resign. The accepted resignation letter is with the records of this court. There is nothing on record which could prove that the husband is working as a IT consultant and he is director of a company as claimed by the petitioner wife. As such, this is definitely a change in circumstances, which requires modification of the earlier order passed by this court.
==============================
Any disclosures made by you to your lawyer are protected under section 126 of Indian evidence act and protection continues even after the employment has ceased. Moreover bar council also has some rules called attorney client privilege. So even if your lawyer shares something with anyone else which could only have been told to him by you, you can complain about him in bar council. He may loose his license. Hope that helps.
==============================
https://www.youtube.com/watch?
http://www.dnaindia.com/
May refer the following:
1.Madhya Pradesh High Court
Smt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000
Equivalent citations: 2000 (4) MPHT 457
2.http://ipc498a.files.
3.Use below points:
1. Use the case of “Smt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000 II (2000) DMC 170” wherein the MP HC held: “A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent lite alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose. Everyone has to earn for the purpose of maintenance of himself or herself, atleast has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversary who happens to be a spouse,…”
2. State :- “Based on her representations before marriage, she was found to be highly qualified, well-read and educated. However, at the time of claiming maintenance, she pretends to come across as a person unable to earn her livelihood. Submit her biodata that mentions her qualifications.
3. Use “Sanjay Bhardwaj & Ors. vs The State & Anr. Crl.M.C.No. 491/2009” wherein Delhi HC held “No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage.”
4. State :- The provision for grant of maintenance is not mandatory and no wife can ever claim an absolute unqualified right to it. Rather, only a married woman who has done her duties as a wife, who is unable to maintain herself, who has not deserted her husband, who refuses to live with her husband for a sufficient reason is eligible to claim maintenance.
5. State:- Having capacity to work and not working falls under the maxim of Anglo- Saxon jurisprudence that "no person can be allowed to incapacitate himself".
6. Also state:- Better than her are those women who though physically disabled, have the self-esteem to not beg for money but earn their own livelihood. For this point Use:Vikas Jain vs. Smt. Deepali@ Ayushi Jain in Crl Rev. No. 88 of 2002 a decision of Uttrakhand HC.
==============================
Focus more on:
1. Coming to court with unclean hands
2. Cant take benefit of her own wrongs
3. Leaving house at her own will for no reason
4. No Cruelty done
5. Educated and capability to earn
==============================
Suppression of the material facts associated with the case is "unclean hands". Eg. Not disclosing your education, previous job experience, any other litigation etc amounts to suppression of facts.
==============================
say she went to parents first time and then problem started happening,
they want to earn money from the new guy after educating there daughter more and marrying her off.
==============================
==============================
I. If your wife is in service or has any business or ancestral properties or any
other income sources or is well educated try to find out that, weather wife has
disclosed these material facts in her application or has not disclosed if she
has not disclosed. This is your 1st and best defense ground that, wife is not
with clean hands.
II. If she has admitted her job, income etc in her application. You have good
defense that, she is able to maintain her and therefore is not entitled for the
maintenance. This is your 2nd ground for the defense.
III. Find out that, weather wife has filed the application within the
jurisdiction of the court, where she lives or where she lived lastly with you or
where you live or where your marriage was solemnized if not you have defensed
that, the court has no jurisdiction to entertain the application. This is your
3rd ground. ( reference:- section 126 of the criminal procedure code)
IV. Find out that, weather the wife has made false, misleading statements in the
application if any note down the material statements and keep always in your
mind that, you have to prove that, these statements are false and misleading.
Try to collect evidence for the same and keep these statements in your mind at
the time of wife’s cross-examination before the court. Give suggestions to
your advocate bring out the truth through wife’s own mouth at the time of
cross examination. If you succeeded to bring out contradictory statements, this
may impeach the credit of the wife and she also may be libel for the procuration
for the false evidence. This is your 4th defense ground
V. Find out that, if wife has filed any other proceedings against you obtain the
copies of the same and after comparative study find out that, if she has made
any contradictory statements in another proceedings or has admitted some facts.
If she has admitted material facts you can use these statements as admission in
view of section 17and section 58 r/w sections 31 of the Indian evidence act. And
if any contradictory statements has made use that statements to impeach the
credit of the wife in view of section 155(3) and section 145of the Indian
evidence act. This is your 5th ground for the defense.
VI. Find out that, if she has stated in her application that, she is not ready
to live with you and she is not interested to live with you then you have best
ground for the defense that, unreasonably your wife has deserted you and
therefore she is not entitled for the maintenance. This is your 6th ground for
the defense.
VII. Find out that, if wife has made only vague statements and vague allegation
against you and against your family without any details, events, dates or other
facts you have ground for the defense of “Insufficient and vague pleadings�
and “allegations are general in nature�. This is your 7th ground for the
defense.
VIII. If she has earlier filed maintenance proceedings or has obtained
maintenance orders, you have defensed that, multiple maintenance proceedings are
not allowed therefore the proceeding under section125 may be stayed or quashed.
This is your 8th ground for the defense.
==============================
1. Prove her employability
2. Prove that she was earning, if she was.
3. If she is commiting adultery then prove that.
4. Any other points that weakens her case
1. Show only proofs which are required at this time (think of those that she
might be aware that you CAN have those).
2. Written Arguments are important, coupled with oral submission.
3. Press on all grounds. Leave no stone unturned. Interim Maintenance will most
probably get converted into final during end of case so fight this tooth-n-nail.
4. Citations, Arguments, proofs, history, reference, everything has equal
importance.
Dont take this stage any lightly.
==============================
How to fight interim maintenence in Cr.p.c. 125
As mentioned Zillion times on this forum, let me reiterate once again
concentrate on
1. Wife can maintain herself. She is educated, she is able bodied. Bring the focus on wife from you.
2. Bring out the lies on material facts stated by wife. Establish them with proof. Harp "unclean hands - no relief" "unclean hands - no relief" till judge gets convinced.
==============================
*Q: How to prepare for trial in 498A/DV/CRPC125 cases?*
• Cases WIN on ground contradictory statements, creating doubt against any
allegations, abuse the process of LAW or for coming to court with unclean
hands.
• Go through all FIR/ Complaint/ Charge sheet or any other cases documents
, then note down the contradictory statements, hiding of Important Fact.
• On Facts of cases, prepare the questions for complainant and witness for
Cross.
• Bring out the fact in court and also try to find reference Judgments of
SC like your cases.
• Use of CrPC 340 should not be missed at any stage.
• 90% preparation should be from your side, as you know the fact better
than your lawyers.
• Avoid any contradictory statements or allegations without evidence from
your side.
• Highlight all the good things you have done for her, like purchase of any
items / home / FD / education / photos of outings etc.
• Identify the motive of her filling such cases, MOST IMPORTANT.
==============================
==============================
Dear All,
I had been repeatedly observing the tendency of Husband and their family
doing the common mistakes pls try to avoid it:
1. Confused stand , should i take back my wife or refuse. There is no two
way , first u decide , what u want and stick with your sand irrespective
what ever price u have to pay. I have seen people filling divorce and then
say i am ready to take back wife, filling RCR and then say i will not stay
her i afrid or she may file again false cases. Such stand always put u in
trouble.
2. Wife is not responding my mail/call etc. If she can stay without u, why
u cant?
3. Should i start legal case first or wait till she file any cases? Keep
one think in mind , getting way without paying money with a divorce degree
is very difficult , if husband show his egarness of divorce. You have to
patience game and only think can same u mutual divorce. You do not want to
pay monthly maintenance, or allomeny, but seek divorce, you are running in
a day dream.
4. Jobless: So court can't order maintenance . This is purely wrong
conception. Jobless is not a ground to deany maintenance , you earn less is
not a crime but jobless claim 99% cases judge will take adverse decision
against you.
5. Have property in husband name, gift/transfer to close relatives like
mother/sisters etc. Sorry judges are not fool, sell off and then buy new
one in name of sister or mother is the best way. Otherwise such property
can be under disputes and you will be stuck with other adverse situation.
6. Disown but keep contact with parents and even stay in same place. Most
dangerous and judge will take adverse decision.
7. I do not know why my wife is doing this all, sorry , if u do not know ,
try to know that , such veuge stand always put u in trouble, means your
wife had not done any think wrong. You don not know why she is doing this,
but she is very clear why she is doing such think. When u do not know , how
u will make your action plan to defeat her desire what she want?
5. Once again the formula : Stress= Uncertainty x importance, when you do
not sure what u want , your uncertainty is too high and importance is too
high, u have to make one zero.
Request all to keep in mind when advice some one who are new.
With the time and situation of Judges mindset we have to revolve our
strategy and action plan and most important, review opposite party strength
and week ness.
==============================
As a thumb rule : If you are accused, better to expose the evidence after
her statement/evidence/cross.
But if you are complainant or petitioner, submit all evidence , as after
wards some evidence may not accept as amendment.
==============================
Now wahtever evidence you have and try to collect as much as possible
preferably ITR/PF/Bankcoount of oppositey party and file your reply she
came to court in uncaln hands and hiding fact.
Also if the same in serious in nature and she filed under affadiavate, you
can use the crpc340 , pergury against her.
=============================
as u already have enough proof about her wrong statements to court - by suppressing the material facts and misleading the authority -- u just sit quite
and don't reveal anything to anyone and to even your lawyer.
let her give the affidavit and statement before the judge -then u can start your game before any interim decisions.
==============================
say she went to parents first time and then problem started happening,
they want to earn money from the new guy after educating there daughter more and marrying her off.
==============================
How to defend/fight the application of the wife filed under section 125 of the
criminal procedure code?
Section 125(1) of the criminal procedure code is codified for the maintenance to
the wife, children’s and parents who are unable to maintain themselves. The
proviso has been made in social interest.
� Procedure under Section 125 of the criminal procedure code is quasi civil
quasi criminal in nature and is a summary procedure.
When you will receive any notice/summons from the court:-
1. Never ignore/refuse to receive notice/summons weather it is by post or by
police authority or any other way because if it may returned with remark that,
the respondent refused to receive the notice, the opposite party will get chance
to proceed “X� party against you.
2. Read the notice and see if the copy of the application is attached with it or
not if any read it carefully.
3. If you are not capable to defend the matter in person, think about to appoint
the advocate always choose honest and expert advocate.
4. Never give all the papers to your advocate always keep one Photo copy of
every paper in your file. At first don’t give original papers, supply only
photo copies. But for producing the documents in court give original copies.
5. Read the application again and again and now read the application of your
wife keeping above mentioned points in your mind:-
I. If your wife is in service or has any business or ancestral properties or any
other income sources or is well educated try to find out that, weather wife has
disclosed these material facts in her application or has not disclosed if she
has not disclosed. This is your 1st and best defense ground that, wife is not
with clean hands.
II. If she has admitted her job, income etc in her application. You have good
defense that, she is able to maintain her and therefore is not entitled for the
maintenance. This is your 2nd ground for the defense.
III. Find out that, weather wife has filed the application within the
jurisdiction of the court, where she lives or where she lived lastly with you or
where you live or where your marriage was solemnized if not you have defensed
that, the court has no jurisdiction to entertain the application. This is your
3rd ground. ( reference:- section 126 of the criminal procedure code)
IV. Find out that, weather the wife has made false, misleading statements in the
application if any note down the material statements and keep always in your
mind that, you have to prove that, these statements are false and misleading.
Try to collect evidence for the same and keep these statements in your mind at
the time of wife’s cross-examination before the court. Give suggestions to
your advocate bring out the truth through wife’s own mouth at the time of
cross examination. If you succeeded to bring out contradictory statements, this
may impeach the credit of the wife and she also may be libel for the procuration
for the false evidence. This is your 4th defense ground
V. Find out that, if wife has filed any other proceedings against you obtain the
copies of the same and after comparative study find out that, if she has made
any contradictory statements in another proceedings or has admitted some facts.
If she has admitted material facts you can use these statements as admission in
view of section 17and section 58 r/w sections 31 of the Indian evidence act. And
if any contradictory statements has made use that statements to impeach the
credit of the wife in view of section 155(3) and section 145of the Indian
evidence act. This is your 5th ground for the defense.
VI. Find out that, if she has stated in her application that, she is not ready
to live with you and she is not interested to live with you then you have best
ground for the defense that, unreasonably your wife has deserted you and
therefore she is not entitled for the maintenance. This is your 6th ground for
the defense.
VII. Find out that, if wife has made only vague statements and vague allegation
against you and against your family without any details, events, dates or other
facts you have ground for the defense of “Insufficient and vague pleadings�
and “allegations are general in nature�. This is your 7th ground for the
defense.
VIII. If she has earlier filed maintenance proceedings or has obtained
maintenance orders, you have defensed that, multiple maintenance proceedings are
not allowed therefore the proceeding under section125 may be stayed or quashed.
This is your 8th ground for the defense.
6. File written statement/say with verification and with support of the
affidavit. Be careful at the time of filing the written statement, see whether
you have drafted the written statement keeping above mentioned points in the
mind:-
A. Which material facts have suppressed and has not disclosed by wife in her
application.
B. She is able to maintain herself.
C. Her education, profession, service, business, income, her ancestral
properties and weather she is taking any income/ share from ancestral properties
etc.
D. She has unreasonably deserted you and you are ready to cohabit with her.
E. If she is leaving in adultery. (proof is very necessary otherwise never take
this ground it will permanently close the doors of the justice.)
F. Reason why she has filed the false application against you.
G. All the dependents on you and all the loans, deductions, compulsory
deductions, illness of you and your family members and spending’s on it.
H. If maintenance may be granted you cannot maintain yourself.
I. State that, if maintenance may be granted your matrimonial life will break
and your wife will never give response to your request of the cohabitation.
J. If any interim of final maintenance has been granted to the wife in another
proceeding.
K. If she has filed multiple maintenance proceedings. Multiple maintenance
proceedings are not allowed by law.
7. Points for the consideration at the time of cross:-
i. Enable the wife to admit her income, business, service educational
coalification her ancestral properties and incomes she getting from her parents.
ii. Enable the wife to admit that, she is not ready to cohabit with you.
iii. Enable the wife to admit that, she has left your house.
iv. Enable the wife to admit that, to make contradictory statements to her
statements about cruelty, ill-treatment, dowry harassments etc.
v. Enable the wife to admit that, other family members of your family are depend
on you and some members are old and are sick.
8. Documents and oral evidence to support your case on above points:-
A. Salary slips, Fixed Deposits of the wife, her shares in ancestral property,
business, Rt-returns educational and professional coalification. Documentary and
oral evidence can be leaded to prove the same. Documents can be called by court
orders.
B. Your matrimonial life was happy and no ill-treatment or harassment has been
caused.
C. She not wishes to live with you; unreasonably she has left your house.
D. She is leaving Adultery (if really is in adultery). Can be proved by oral
evidence.
9. Alternative remedies:-
I. Prefer stay application to stay the proceeding under section 125, if other
proceedings for the maintenance already has preferred by wife.
Case laws to support your application:-
a) Mumbai High Court Ravindra Haribhau Karmarkar vs Mrs. Shaila Ravindra
Karmarkar And Another on 17/7/1991.
b) IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 30th August, 2010 Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010 %
30.8.2010 Rachna Kathuria … Petitioner Versus Ramesh Kathuria … Respondent
c) Bombay High Court Sangeeta Piyush Raj vs Piyush Chaturbhuj Raj on 13
January, 1998 Equivalent citations: 1998 (3) BomCR 207, II (1998) DMC 443 Bench:
M S C.J., R Kochar.
II. Obtain decree from the competent civil court for the restitution of the
conjugal rights or decree of divorce on ground of desertion or on ground of
adultery. Her application will be rejected on this ground or if already
maintenance has granted it will be cancelled under section 127 of the criminal
procedure code.
10. Effective argument; points for the arguments:-
I. She has unreasonably left the house and has deserted the husband, therefore
is not entitled for the maintenance:-
Case laws on this point for support your argument:-
a) Rohtash Sigh vs Smt. Ramendri AIR 2000 SC 952.
b) SanjaySudhakarBhosale Versus Khristina w/o Sanjay Bhosale dated 8.4.2008.
c) Uttaranchal High Court Smt. Archana Gupta & Another vs Sri Rajeev Gupta &
Another on 18 November, 2009.
d) Rajasthan High Court. Bheekha Ram vs Goma Devi And Ors. on 22 January, 1999.
Equivalent citations: 1999 CriLJ 1789. Author: G Gupta. Bench: G Gupta....
II. She has her business, service and other income sources, she is well educated
and She is capable to maintain herself:-
Case laws on this point for support your argument:-
a) Karnataka High Court Equivalent citations: AIR 2005 Kant 417, ILR 2005 KAR
4981.
b) IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: September 18,2008
CM(M) 949/2008 Manish Kumar …Petitioner Versus Mrs. Pratibha…Respondent.
c) Delhi High Court Kaveri vs Neel Sagar & Anr. on 25 October, 2010.CM(M)
1153/2008 KAVITA PRASAD ….. Petitioner versus RAM ASHRAY PRASAD …..
III. She has suppressed material facts from the court and is playing fraud on
court as well is playing fraud on opponent and she is not with clean hands,
therefore she is not entitled for relief of maintenance or any other reliefs.
Person whose case is based on falsehood can be throughout at any stage of the
proceeding and has not any right to seek any relief from the court.
Case laws on this point for support your argument:-
a) Supreme Court of India S.P Chengalvaraya Naidu vs Jagannath on 27 October,
1993 Equivalent citations: 1994 AIR 853, 1994 SCC (1) 1.
b) Kolkata High Court (Appellete Side) Md. Ashiruddin & Anr vs State Of West
Begal & Anr on 25 March, 2008.
c) Supreme Court of India G.M. Haryana Roadways vs Jai Bhagwan & Anr on 5 March,
2008.
IV. You are ready to maintain to her if she lived with you:-
Legal provisions to support your argument:-
Section 125(4) and section 125(5) is codified to protect the right of the
husband to cohabit with his wife. At any time you can ask your wife to cohabit
with you. If unreasonably she refused, she is not entitled to maintenance. Even
after the maintenance order you can give offer to your wife to live with you and
if your wife unreasonably refused to co habit with you her maintenance order may
be cancelled.
Section 125(5) is codified as above:- “On proof that any wife in whose
favor an order has been made under this section is living in adultery, or that
without sufficient reason she refuses to live with her husband, or that they are
living separately by mutual consent, the Magistrate shall cancel the order�.
Section 125(4) is codified as above:-
“No Wife shall be entitled to receive an allowance from her husband under this
section if she is living in adultery, or if, without any sufficient reason, she
refuses to live with her husband, or if they are living separately by mutual
consent.�
11. Other options:-
If your wife obtained order of interim maintenance or final maintenance by
playing fraud on court you may prefer application, suit, revision, writ etc. to
cancel the order or declare that, the order is nullity.
Case laws for support:-
a) Supreme Court of India A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors
on 7 March, 2007.
b) Delhi High Court Manmohan Singh Dhaliwal vs Gurbax Singh Arora And Ors. on 2
November, 2001 Equivalent citations: 94 (2001) DLT 820, 2002 (61) DRJ 801.
12. Insolvent person may file proceeding for the declaration that, “He is
insolvent person�. After declaration JMFC or any other court has no
jurisdiction to order to pay maintenance to the wife or recover the maintenance
already granted.
This article is not against the any woman or against the laws framed for the
woman. Every husband is duty bound to maintain his honest wife who is unable to
maintain herself. Breaking matrimonial life or unreasonably deserting the wife
is worst the thing and author of this article hates the same.
Let her file the
court afediavate. Then file to dismiss the petition on the gorund she came
to court in unclean hands as main think, along with crpc 340, discuss with
wasif, he also able to dismiss her ex petition in such similier gorunds,
she filed a case
Dear Friends
... As per the advise of our friend Vinayak I wish to share the little story....
After 10 yr of married life woman runs away from the house to her parents caliming harassment and mental and physical torture... I believe most of you are too familiar with these terms. A real effort was made by me to convince her to come back for the sake of our two little children, but instead she filed a DV Case against me at Bhopal... (where she is with her parents). Intial reaction was same as might have happened with many of you dis-belief, isolation (self created), loss of confidence etc... initially I ran away from the case taking further dates and not submitting reply (mostly a thought also came thinking that time will convince her to come back), but it appeared that time was only hardening her stance... so finally decided to take it head on... courts were as they are slow and unmoving fourth judge on seat, however, some urgency is now being shown by the court too. It seems now she is running away as I am sitting with all my proofs and
witnesses. Despite discomfort of travelling long distances I have decided to take shorter dates and now finish it off as soon as possible... My advice to the fellows in distress is as follows:
(a) Do not run from the situation, take it head on even if at the cost of facing the curious look of workers.
(b) Collect as many documents as possible, emails, letters etc which support your cause and make a file with an index of these documents put serially.
(c) Do not lose your confidence, talk to people and meet guys with similar experiences. I do not hesitate in speaking about my condition and to my surprise there are many many such cases. Even in the close families of at least more than 60% people. It helps to improve your morale as well as gives a lot of ideas as to how to go about the case.
(d) Get your bearings right in the court and while dealing with the lawyer, instead of he advising, you ask him questions which he should answer... moment you see one trying to pull a smart one on you just kick him. (in my case the first lawyer tried to play with my lost confidence who showed my stars and slowly he was on the way to extort money, which was his strategy probably to pull enough money and then ask for even more on some or the other pretext.
(e) keep your morale high don't let your work suffer and keep interacting with this group...
