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Author Topic: Revision of Pendente Alimony Order Delayed  (Read 1322 times)

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Offline aggrieved

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Revision of Pendente Alimony Order Delayed
« on: October 13, 2013, 02:54:08 AM »
I had filed for a divorce from my wife in Sep 2007 in Delhi Metropolitan courts. During pendency of judgement, the opposing party filed for and was granted pendente alimony for Rs 20,000 pm from April 2008.

My wife holds a PG diploma in Management and had worked briefly before marriage. At the time of this interim order, she was allegedly unemployed. Later in Aug 2010, I found out that she was working with an M NC in Gurgaon and hence filed for quashing or at atleast revision of the pendente alimony., in light of this fact.

 She was forced to admit in  court, along with appointment letter and Form 16, that she was working on contract basis for a monthly remuneration of Rs 15,000.Later she filed that her contract had been terminated in May 2011 and since my salary would have increased since the initial order, she should be granted higher pendente alimony.

The judge heard the arguments from both sides in Feb 2013 but did not pass his order subsequently saying he wanted to hear both counsels again, which he did on 10 Sep, 2013. On 2 subsequent short dates in Sep, the judge was absent. Now the order is due on 27 th November.

It seems that the judge is not keen on passing any order lest it  may be challenged in HC by either party. Do I have any way to get the order expedited, as it also holding up further proceeding in my 6 year old divorce case. Or I have to suffer inordinate delays?

Thanks for your advice in advance!

Offline advamrita

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Re: Revision of Pendente Alimony Order Delayed
« Reply #1 on: October 13, 2013, 06:26:26 AM »
why is your divorce case dragging for six years?
that too in Delhi, tjis is unthinkable.

regarding the nov 27th date wait for it see the outcome and than file an application in delhi HC to expeidate your case

Offline advdesai

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Re: Revision of Pendente Alimony Order Delayed
« Reply #2 on: October 13, 2013, 06:33:58 AM »
did u consider talking to the judge directly during your hearings.

Just ask the Judge what can he do if u don't stop paying maintenance any further.

let me know his reply. if it is anything other than giving u a jail term.

by the way the term won't be long may be a couple of months at most, as you are not a terrorist nor a murderer.

do let me know, be bold and courageous i have given u a clue to end all your ordeal, read between the lines and this case of six yrs will be over faster than u can imagine.

good luck :)
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Offline aggrieved

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Re: Revision of Pendente Alimony Order Delayed
« Reply #3 on: October 19, 2013, 05:35:31 AM »
@Advocate Amrita - The divorce case is dragging on because my wife is getting a monthly dole and is not interested in settling down again. It is obvious that she wants to extract the maximum out of me in the form of pendent and permanent alimony.

What if the judge still doesn't pass any order on 27th Nov? Can I still approach the HC or I need to wait for some order and then challenge it in HC? Can I file an application in the HC to change the Judge for the case as he is inactive?

Thanks for your advice!

@Advocate Desai -On one occasion, when I had delayed making the payment unintentionally for 3-4 months, the opposite counsel reminded the Judge that he could put me in jail for not following the court's orders.

Can the opposite counsel request for adjournment or the Judge refuse to conduct any further hearings till I make the pending payment ?

I am not afraid of going to jail if that ends the injustice happening to me but will my denial to pay any further maintenance actually result in case getting resolved?

Thank you for you guidance!

Offline advjaya

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Re: Revision of Pendente Alimony Order Delayed
« Reply #4 on: October 19, 2013, 07:23:10 AM »
u better take a jail term, only than will your problems solve, than atleast u can tell the judge since u were behind bars u are unable to pay.

and in the mean time transfer all your property bank balance to someone trusted say father or mother
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