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Divorce case Divorce case

2 years ago

On her request I purchased 2bhk flat after sold my mother flat and taken 22 lacs of home loan she want her name in flat registration I added this happen with 9 months of marriage. After her name in flat registration she than smartly went to baroda for change at 2 months of pregnancy than after started harrassing me from Baroda. Her father was showing earlier before new purchased flat for search but actually taken commission from high cost deal. All amount from my mother account few I given cash and taken 22 lacs of home loan. She also want bank SA and also requested me for bank locker in which she put my mother gold set, few cash but in joint name. She went to baroda on 07th December 2013 after flat registration. She called me in March 2014 to baroda next day her sonography report said we need to abort the baby. On my Mediclaim she admitted in balaji hospital and done premature dlyr. Dead body of 5 months baby given immediately her father took me shamshaan bhoomi were baby ko dafne deya. She returned with me in April month end from baroda and staters doing unnecessary arguments. I called her family for meeting as she daily arguing n torchering my old mother. On 22nd June her family took her while saying for change but she went with alll her things 3 big suitcases. I was calling her father, her but they showing no interest. I told her father if she don't want to stay with my old mother than I will sale this 2bhk flat and take 1bhk for mother and one on rent nearby but her father not agreed they are behind of money. In 2015 June I filled divorce petition in Thane court. But my lawyer first one not supporting me not putting evidence fact and they filled for maintenance hindu marriage act and Thane court session 10k per month maintenance in 2016. I went to high court but failed after 8 months as per judge even she is Mcom plus bed and 10 years of working experience before marriage but is she currently working no evidence than I need to pay. After immediately getting my divorce petition she in Vadodara had filled crpc 125 for maintenance in July2015. I had one cross happened there 2 yrs back now suddenly my baroda advocate message me yesterday that I have final cross date in baroda family court even I said my cheater wife getting maintenance in Thane court. Currently 3 lacs maintenance is due in Thane court as due to covid not getting date. I also got to know she is working in baroda in one school. No justice in Thane Maharashtra family court from June 2013 till date. My 7 years gone in courts and 8 years we r not together please advise me what to do and how from school of baroda I will get her in working profile and salary details

Vaidehi Samant

Responded 2 years ago

A.You can simply apply the Court to get her financials to be submitted before the Court although it is late now but you can try. If you are aware that she's working you can summon her employer through the Court to give statement before the Court and also your true certified copy of decree of maintenance passed by Thane Court can be presented before the Court. Although still it is allowed to claim maintenance under section 125 of CrPC but atleast her case credibility can be brought down. But please note even you have kept arrears pending towards your maintenance as ordered by Thane Court so this ground can lower your credibility also. So it would be better if you request the Court to direct your wife to submit her salary slips and her all the bank statements certified by Income Tax authorities along with affidavit and/or otherwise summon the employer. But see to that you have complete information available in this respect with possible evidence if you can find out any which legal way. Thank you.
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