Hi Cardioguy,

You should make use of the findings of UK Police in the false DV filed by her, in all your cases.

For maintenance point of view, please try to know her past job details. Please DO NOT refuse to pay, but fight for the justice. Please read the below mentioned judgement, as it is useful in your counter:

Equivalent Citation: AIR2005Kant417, ILR2005KAR4981

IN THE HIGH COURT OF KARNATAKA

W.P. No. 31296/2003

Decided On: 22.08.2005

Appellants: Dr. E. Shanthi
Vs.
Respondent: Dr. H.K. Vasudev

Hon'ble Judges:
K.L. Manjunath, J.

Counsels:
For Appellant/Petitioner/Plaintiff: O. Shivarama Bhat, Adv.

For Respondents/Defendant: T.A. Karumbaiah and P.C. Vinitha Advs.

Subject: Family

Acts/Rules/Orders:
Hindu Marriage Act, 1955 - Section 24

Case Note:

(A) HINDU MARRIAGE ACT, 1955-SECTION 24-INTERIM MAINTENANCE-petitioner wife a doctor claiming interim maintaince and litigation expenses-application for interim maintenance dismissed by Trial Court on the ground that she is also attending as a doctor elsewhere and her name is on the board of the clinic-HELD- When the petitioner was practising prior to marriage, when her name continues on the board of the clinic, the Trial Court is justified in rejecting the application of the petitioner. There is no difficulty for the petitioner to work as a doctor. Even if the petitioner is not working as a doctor in the clinic of her brother, since there are no impediments for her to work along with her brother as a doctor and when she is capable of earing, this Court is of the opinion that the Trial Court is justified in rejecting the application of the petitioner. When the petitioner is capable of earing and having required qualification and that when she was working as a doctor prior to marriage, there cannot be any difficulty for her to continue the same profession. Therefore, Section 24 of the Hindu Marriage Act cannot come to the aid of such person.

Petition Disposed of.

ORDER

Manjunath, J.

1. Petitioner is the wife of the respondent. Both of them are Doctors by qualification. The respondent is working as a Medical officer in a Government Hospital. The respondent has filed a divorce petition in MC. No. 57/2001 on the file of the Family Court at Mysore. In the said proceedings, the petitioner filed an application under Section 24 of the Hindu Marriage Act claiming an interim maintenance of Rs. 5,000/ per month and litigation expenses of Rs. 50,000/-. The said application is dismissed by the Trial Court on the ground that the petitioner is also attending as a Doctor in "Hariharan Clinic", which according to the respondent is a very famous clinic in Chennai. This order is called in question in this writ petition.

2. According to the learned Counsel for the petitioner, the name of the petitioner appears on the board of Hariharan Clinic as one of the consulting Doctors and the said name appears along with her brother prior to marriage and even though she is not practicing as a Doctor, her name on the board continuous and therefore, petitioner is entitled for a separate maintenance.

3. Admittedly, petitioner is residing with her parents at Chennai and whose brother is also a doctor. When the petitioner was practicing prior to marriage, when her name continuous on the board of the clinic, the Trial Court is justified in rejecting the application of the petitioner. There is no difficulty for the petitioner to work as a Doctor. Even if the petitioner is not working as a doctor in the clinic of her brother, since there are no impediments for her to work along with her brother as a doctor and when she is capable of earning, this Court is of the opinion that the Trial Court is justified in rejecting the application of the petitioner. When the petitioner is capable of earning and having required qualification and that when she was working as a doctor prior to marriage, there cannot be any difficulty for her to continue the same profession. Therefore, Section 24 of the Hindu Marriage Act cannot come to the aid of such persons. Accordingly, this petition has to be rejected.

Cardioguy,

You may have to wait longer to get justice but don't worry. Keep challenging the verdicts in higher courts if required. I would also advise you to contact media for getting unbiased and quick justice.

Also just frustrate them using law and it's loopholes.

Cardioguy,

As Cool said, you can frustate them by delaying in giving the divorce. You can also make the application not to pass any order or judgement until the 498a case is over. If the maintenance is passed, challenge in High Court as well as Supreme Court and till that is done, put the stay on proceedings. This way you can frustate them and give the big fight. I would further suggest you to file the application u/s 23A to get the RCR passed based on the affidavid in High Court. This can also frustate them more that you are not going to give the divorce.

Dear Mr. Cardioguy,

If seems that your wife is looking for divorce and filed for divorce at her home town.

The first approach of yours may be to try and settle the matter with the girl in terms of divorce with settlement amount.

Normally in 498a cases courts are not much inclined to quash the FIR even you approached till supreme court.

Please dont worry about the fact that her father is a judge, ultimatelly court has to decide the case on the merits of the case.

Regards,

Doctor / Professor saheb,

They will come for settlement only if they are also attacked legally.

• What is the status of TEP?
• Are you planing to file DP3? - They must have mentioned lacs of ruppes expenses on marriage, dowry etc.

Don't expect any quick results in settlements. It will take time around 1 year or so, depending upon the progress of the counter cases.

CardioGuy,

Just hold sir, frustate them with time...they will come down and toe ur line for amicable settlement. She might be a Judge's daughter, but does'nt mean she will remain spinster for ever...She needs thrusts..and time will give her that. Everytime she sees a happy family, she need to hv that guilt and hurry to make one happy home for herself..that pain shld cut through her heart.

TEP is best and file an RTI for declaring ur Judge FIL assets...this will be useful u deny them their ASK.

Cardioguy,

Your lawyer is right, Interim is decided with in 3-4 hearings without going into much details of the case. Your laywer should be capable enough to argue on the main points of the case, in a clear and loud voice.

Be mentally prepared for (minimum) atleast 5,000 (IM). Once it is ordered then go for revision. Don't loose heart and just fight. If required then change your lawyer while appealing in higher courts.

Cardioguy,

TEP is very effective but it is consuming process...it takes 4 months to get all ur RTI questions answered...but sure it will send shivers down the spine of the opponent..None can escape paying Income Tax and IT guys themselves are sympathetic when we go them with our TEP appl...some ppl are more willing to help us dowry victims..I have seen it in my own case, in 25 days I got replies from CCIT and DCIT-Vigilance and assured me of all possible help..henceforth to all my RTI queries when I met them in person.

Similarly, RTI's filed to Govt depts. asking out paystructure and ITR's will also elicit the similar help to you.. In my case, my FIL's own dept PIO had helped me with RTI reply for 23 questions....his total earnings were very meagre compared to what he claimed to give me as dowry...where did he get all this ill-gotten money from??

RTI with TEP will be very effective combo and can fox these wolf's into their own hole...you cannot contradict in court for replies from 2 govt depts..right na buddy...

Do not worry, get involved in your case and fight it yourself...also parallely push for mediation...they will grab ur offer moment they feel they are cornered. Fight ur 125 and say no money will be paid and no divorce till all cases are withdrawn..

Cardioguy,

I have given you a rough figure of Interim maintenance only. Final maintenance will be decided when the case starts after deciding the IM. So don't worry, the judge will look in to all the details like qualification, past / current job records etc. then you will have a chance to minimize the maintenance or even NO maintenance.

You would have been represented by your lawyer so your presence in the court is not really required for deciding the IM.

Cardioguy,

Let them ask for the maintenance, and if you put the paper to accept the divorce without any alimony, then this will twist the matter. Inform the court about the counselling and tell that they are only doing the same. If you do not have any property in India, then forget it. Since you are on the path of Citizenship in UK, the Indian government will not have any hold on you. Inform the opposite side about the same and tell that take the divorce without any alimony. Once the divorce is granted, then you can get remarried. Forget about 498a case at present.

If you really want to harras her, contest the case till Higher court and say that the divorce will not be granted until the 498a case is not closed by their side. Speak to me.

Cardioguy,

You should also file the RCR as the separate case and application u/s 23A in her divorce case. Put all the documentary evidence. You do not have to give that amount at any cost since she has left home and not you. Also mention in the court that you have not filed the case of extortion since you want to save the marriage. be firm on your stand.