Can HMA 24 maintenane amount be reduced OR set aside?
Sir... I got married to a dentist in 2009. No dowry and any form gifts, articles were exchanged. Her father was a police constable and under his influence she left my home in June-2011 on her own. Though the matrimonial relationship was quite cordial in the beginning for 3 months, it was purely a game plan. She got married only to extract money for her higher studies and to support her corrupted father. Her father tried to influence me through his daughter in several ways. But I did not budge to any of their unethical moves. I was ready to sponsor her studies provided she was humble and ethical. But this was never in the blood.
1. After 6 months of her separation from me, first she filed 125 CRPC on 2nd November 2011. This case went on for 4 years and in 2015, it was dismissed for non-prosecution. She secured admission in PG course in Dental sciences in Bhagalkot and could not pursue the case
2. A month later i.e. on 30th November 2011, she filed cases under IPC - 498a, 506, 3&4 DP Act in Bangalore. This matter is still pending before the court (10th ACMM, Mayohall).. She is deliberately absent to give evidence as her father is more interested in the case than the party herself. They have adopted delay tactics to frustrate me and to waste my precious time. Though the charges were framed in 2013, judge is not taking any step despite several requests. To add to the frustration, the advocate whom I appointed did not do anything constructive.
3. Upon my advocate's advice, I filed divorce in Bangalore in 2014. It went on for a year without any constructive move. Her father smartly transferred the matter to her native place (KGF) without my knowledge. My advocate did not do anything to stop though there was a clear merit on my side.
4. There was 2 rounds of mediation happened in both Bangalore and KGF. She did not attend the mediation in Bangalore but attended in KGF. Both of us expressed that we do not want to live with each other. On first day, she claimed 40 lakhs as one time settlement and I proposed only Rs. 40K. She was furious and irritated and I enjoyed the fun. On second day, she claimed Rs. 1 Crore for one time settlement and I offered Rs. 10K. Mediation failed and the report was submitted.
5. After the mediation in KGF, they filed HMA 24 petition claiming 50K monthly maintenance and 25K towards litigation expenses. Due to this interlocutory petition, my evidence is not recorded till date. Finally the orders were passed…awarding her Rs. 2000/- maintenance and Rs. 5000/- towards litigation expenses.
6. She is a professional graduate with Post graduation degree in the medicine. I want to challenge even this order in High court. For her cheapness, I really do not want to give her a penny. Some advocates are suggesting Rs. 2000/- is very minimal and my effort of challenging the same will go vain in higher courts. Some are suggesting me to take a chance.
Please advise me…….
1. Chance of setting aside the maintenance rewarded to her considering that she is a highly qualified woman
2. Are there any chances that she will go and ask for increase in maintenance in the subsequent months
3. Within how many days the divorce petition should be disposed if I continue to pay the maintenance
4. What are the chances of final maintenance awarded to her later? As she is highly qualified woman with higher earning potential, the chances are pretty slim…I heard from some advocates.
5. The orders were passed on 20th Feb 2016. What is the time frame within which I can challenge the petition?
6. Some advocates are suggesting that if they contest the challenge, chances are pretty high that it can be further increased as well by the higher courts…
I have lost job due to these cases and not able to renew my passport as well. Despite showing all these grounds, court awarded her this amount. Please suggest me the best approach to take.