• Asking higher alimony and lawyer asking me to pull the case back

Hi 
This is with regards to my ongoing case in Goa court which comes in portugese law. Post negotiation the respondent has came with an offer where she is asking me amount which is close to 2.5 times then the actual negotiation amount and saying me to not to be allowed to meet my daughter beyond one hour in the court and not to take my daughter to my parents home which i feel is wrong as grand parents and child meet cant be stopped by anyone and niether she can force a father to meet up the kid only one hour in the court as i am asking a divorce case and not commited any murder.

Few queries.
1) All the fake proofs which she has submitted is valid for how many years and how to prove theya re fake as its just 1000 pages of fake novel story printed on my name?
2) I have been harassed in the marriage since 9 years before i lost it all as i could not bear any more being loyal to a cheating wife so whats the way that judge can be made understood that she has harassed me and bought me in depression and also physically and mentally abused me as currently i dont have any recordings to prove it ?
3) She is not allowing me to meet the kid and niether her lawyers are allowing my lawyers to speak in the court for granting me permission to meet my daughter. So which rule can be sued to allow to meet the daughter till case concludes and also i want to know is there any law which restricts time of father to meet the daughter in such ongoing trial case ?
4) My lawyer are saying me to pull the case back but i dont want to do it as i have been harassed by her and dont want to see her face anymore as i have been through hell with such a wife i had and i pray to god none of them gets such a wife in their lives. So what can i do here ?
5) The maintenance amount earlier was decided to be paid in 8 years time which i agreed and now suddenly she has came with a huge demand of amount and wants to be paid immediately. I have told no and started proceeding with the case.Now here if the case goes longer till i stop working and daughter crosses 18 years of age then what i am liable for? Do i need to shell out my entire property which i have bought from my hardwork ? Or i can sell the property stay in rented place so she cant claim anything ? 
6) What are my rights as a father in case she is not allowing me to meet my daughter in the ongoing trials and what post divorce granted she stops me to meet the kid? Can i stop the maintenance to be paid to her and just pay the kid ?
Please let me know
Asked 3 months ago in Family Law
Religion: Hindu

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21 Answers

You have all the rights as father to meet and be with her. You can file a custody case and also in mean time get visitation rights to meet the child. Yes you can stop maintenance if she refuses permission to you to meet your child. In the same you can approach for interim orders of visitation rights 

Prashant Nayak
Advocate, Mumbai
22089 Answers
49 Consultations

4.4 on 5.0

You can cross examine your wife on proofs submitted by her 

 

2) your testimony and that of your family members who have been witnesses to her acts of mental cruelty will help you in making out a case 

 

3) you should seek custody of your child . Court would grant you visitation rights pending hearing and final disposal of case 

 

4) continue with the divorce case 

5) no need to bow down to her unreasonable demands 

 

6) you have to maintain your child till she completes his education

 

7) you have to comply with court orders of maintenance  

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

1. Allegation in thousands of pages will not give her relief , until she will prove the alleged allegations against you. 

- All the allegations should be proved by documentary evidences or after cross examination the witnesses in support of the allegations . 

- You will be given time for cross examine her , and to prove that they are false fake stories. 

2. You will prove your case after testify your self and family members & friends.

3. File custody case of the daughter , if already filed then file an application for visitation right periodically i.e some time your daughter will be with you and same with her. 

4. You have to contest the case , otherwise she will get more relief in her favour. 

5. She can ask , amount for daughters marriage as well.  

- Your wife or your daughter is not having any right over your self acquired property during your life time. 

6. Move an application for visitation right before the court. 

Mohammed Shahzad
Advocate, Delhi
5310 Answers
51 Consultations

5.0 on 5.0

You would be governed by U.C.C applicable to the State of Goa. Unified Goa Civil Code irrespective of your caste, colour and creed.

Definitely you have recourse and remedial source against your wife under  local Goanis Special Act  called Unified Goa Civil Code. 

I reply to your question here to as under:- 

Answer to your question No 

1- I am unable to answer your question No 1 without reviewing the documents referred by you.

2- Your question is facts in issues which could be dealt by the Advocate who is appearing for you before trial Court after scrutinizing the facts and affidavit in evidence filed by your wife.

3-This question relates to the interim order or final order passed by the trial court after hearing the case and both the side.Pl refer the order of the Court if any passed as of today.

4- The law doesn't recognize the feelings and emotions. It moves on the facts, issues and evidence which could be executed and brought on record by Petitioner and Respondent before the Court.

5- The amount of maintenance whether it was decision of Petitioner and Respondent or declared and decided by Court?

6- Please make an application for Custody of child and take appropriate order from the court and the Court would definitely pass an order on your application after hearing both the side.

 

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

1. Present things of your favour...fake proofs will automatically be demolished. 

2. Your statements will matter....you will give your statements in court and her advocate will cross question you....thats the main thing....answer perfectly and its done.

3. This is lacuna of your lawyer that he can't speak in argument with her lawyer.  Change him..file a child custody case along with application for interim relief for instant meeting to child.

4. CHANGE LAWYER....

5. Yes, you can do this...sell the property (i can help in goa) and live anywhere else..

6. File a child custody case with interim relief. 

Rahul Jatain
Advocate, Rohtak
5314 Answers
4 Consultations

4.8 on 5.0

1. What is the reason you say that they are fake, you can rely upon the same reason and prove it to be fake or false during the trial proceedings.

2. You may have to prove your case either with the support of documentary evidences or through any witnesses.

3. You should have filed a case under guardians and wards act seeking child custody along with an application seeking visitation rights to visit your child s per the schedule given in the application.

Your lawyer should not keep silent when the opposite lawyer is obstructing him to talk before court, if your lawyer is not effective then you can change the lawyer.

4. You can change the lawyer.

5. The question is about the maintenance and not about the property.

If you are scared about the safety of the property then you can dispose it and have your money deposited in a bank secretly without letting her know about it.

6. You file a child custody case and seek child's custody as per the provisions of law, fight the same in court of law with a skilled and prudent lawyer

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

1. If you have prima facie proof of manufacture documents then file a petition under section 340 of crpc.

2. You can bring witnesses to prove your case. 

3. File a petition for visitation of the child.  Mere oral submission would not get you any result. 

4. Contest the case o  merit. 

5. Your liability to maintain your daughter continues till she gets married while for your wife its till she gets remarried.  Wife has though no share in the property of husband. 

6. If the order of visitation of child is not implemented then file a petition for contempt of court in high court. 

Devajyoti Barman
Advocate, Kolkata
21564 Answers
311 Consultations

5.0 on 5.0

Respected sir....

  1. There might be some low falls in that story that you will and your lawyer will have to find out that is the only way to respond in a strong manner.
  2. Sar you have two state her  act's by which you have been harassed sorry to say but court of law always worked on the evidence and proofs we have to submit that in our favour if we have.
  3. There is no specific law in which a father is restricted to speak or talk with her kids it will be quite wait for you to file child custody if there is age is more than 5 years.
  4. it's all up to you whether you want to withdraw the case or not if you want to continue the same you have option to change the lawyer also.
  5. that is nowhere for return and the yellow box that you have to sell your own house to pay the maintenance you need not to worry yes you will have to pay the maintenance as it is your duty to provide the maintenance to both but not in the form as told by you in the question.
  6. You can file an application in the court seeking special time to interact with their kid will definitely Allow it.... And if you want permanent custody of your child then you will have to find a child custody cas.....

 

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

1. You have not mentioned what those proofs are. The content of documentary evidence led by her has to be seen before any opinion can be formulated.

2. It is not clear from your query whether you have filed an application in the court to seek visitation rights to meet your child. If the application has been filed then it has to be decided by the court. Go to High Court with a revision petition if your application is not being decided.

3. You don't have to pull the case back.

4. As a father you have the right to meet your children even if custody is not to be granted to you.

Ashish Davessar
Advocate, Jaipur
29939 Answers
864 Consultations

5.0 on 5.0

Dear Querist

as per the information provided by you, my opinion on your queries are as under:-

 

1. During the trail/Cross-examination of her, those documents can be proved as fake, it is the style and strategy of your Advocate.

 

2. there is no requirement for any documentary proof to prove cruelty, you may prove her cruelty by way of your oral evidence before the Court, so don't worry about any audio or video of proof.

 

3. File an application before the court for child custody along with the Visitation rights, the court has the power to pass an order in your favour regarding the visitation rights and even for full custody if you proved before the court that you are the best person for the welfare of the child. Being the father of the child, you have all rights to protect the future of the child which is for the welfare of the child.

4.  No need to withdraw the case,  fight the case on merit and don't afraid with the alimony, she may demand in crores but the court shall allow only as per the status and income of the parties, so no need to worry.

 

5. Being a father, you shall be responsible for your daughter till her marriage, and for the wife, if she is not earning and working then till her earning.

 

6. if the daughter is minor then your rights shall be decided by the court and after completion of 18 years, it is the choice of your daughter.

 

 

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
5765 Answers
271 Consultations

4.9 on 5.0

you can challenge their evidence if you think: it's incorrect or false during cross examining. 

There is no bar on accepting the evidence of related witnesses. so your family members can be witnesses in your case. 

you have right of visitation i.e. to visit your children and you can file a petition for their custody to be given to you as well.. 

you should contest the case on merits. 

you are at liberty to sell your property. 

Are you paying maintenance under a order of the court,  if yes, then you stop paying her then it would amount to contempt of court.

Mohammed Mujeeb
Advocate, Hyderabad
18689 Answers
11 Consultations

4.5 on 5.0

1. Fake stories can only be countered at time of cross examination by your advocate in court if you don't have documentary evidence to prove that the petition is based on false facts.

2. You need to provide some evidence to prove that your wife was cheating on you and also harassed you physically and mentally.

3. You can file case for custody of your child and make interim application for visitation rights of your child. 

4. Yes court can limit time to meet the child during pendency of suit. 

5. Change your advocate who is not supporting you in your case. 

6. You are liable for maintenance of your daughter till her marriage.

7. No need to give any share from your property if you are capable of giving maintenance to your wife and daughter.

8. If your wife is earning then you can make petition for suspension of wife maintenance on ground that she is capable to maintain herself. 

Mohit Kapoor
Advocate, Rohtak
10582 Answers
7 Consultations

5.0 on 5.0

This is strange. She cannot do this to you. You are The child's father.

File an appeal in the high court if the district court has accepted her atory as true without any reasons and evidence.

Don't let her blackmail you. You must be having proof of her cheating.

File a habeas corpus petition in the high court for illegally detaining your child.

Don't give in to her demands.

You can meet her and ask her to be with you once she turns 18 years as she will be major.

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

You can seek visitation rights for the child 

 

2) you have to continue paying maintenance for Wife and child 

3) once child is adult and has completed his education you don’t have to pay maintenance for child 

 

4) your lawyer will cross examine your wife 

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

Please ask for the device of online message copied and pasted in the evidence. 

Please seek technical specifications of the device and get the device examined from approved technician on the panel of FSL of State or Central Government to match the size, font, length and capacity to accommodate maximum resolution and words in one screen. 

This would help you your lawyer to challenge the versions of your wife by filing affidavit in evidence and reports of FSL to disprove the charges of your wife.

No PF is your perception and personal earnings which you have expressed and exclusively privileged rights to consume and transfer. 

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

Approach an advocate who is well versed in criminal law. He will guide. Law needs no corroborative evidence, but it is the law of prudence, that requires the corroborative evidence to hold guilty. In order to give definite opinion, detailed facts are required. consult with materials such as FIR, charge sheet etc.

 

Mohammed Mujeeb
Advocate, Hyderabad
18689 Answers
11 Consultations

4.5 on 5.0

- A photo copy is not admissible in the evidence in the absence of original documents , however whatsapp chats etc can be produced before the court , but it need other evidence as well for proving the same. 

- No such medical certificates will not prove the harassment by her .

- Yes , you can mention the happenings of dogs before the court. 

- Yes, you will have to pay the maintenance , however when you will retire then you can move an application before the court for waiving the maintenance , and further boy is entitled to maintenance till the age of majority . 

Mohammed Shahzad
Advocate, Delhi
5310 Answers
51 Consultations

5.0 on 5.0

You need to file a application for custody and visitation rights. If courts gives to regular maintenance then you need to pay it till she gets married or earns that much so that she can survive without your maintenance

Prashant Nayak
Advocate, Mumbai
22089 Answers
49 Consultations

4.4 on 5.0

You can make all the pleadings in your case but you may not be able to establish your pleadings in the absence of substantial evidence or any witness to your averments or allegations. 

For keeping your child with you during festivals, you may hav to apply for visitation rights before the same court in the case seeking child custody. \

If the court has passed an order granting maintenance to her, until and unless the appellate court dismisses or if she remarries or upon her death, you are liable to give her the monthly maintenance till any of the above event takes place.

 

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

Present the proofs and judge will believe. 

Yes you can say this thing about illness to judge.

This will not go that long.

Rahul Jatain
Advocate, Rohtak
5314 Answers
4 Consultations

4.8 on 5.0

You may file reports of doctors. Don't file reports of your suicidal thoughts otherwise custody of the child may be denied.

You have to pay or you may settle at a lump sum amount or prove that she is guilty.

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

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