How this interim alimony be rejected / Reduced
I married my present wife on 21st Jan, 2014 under Special Marriage Act and it was completely an arranged marriage. Gradually after passing of one month ie; feb, 2014 I gradually came to know that She was having abnormality in her behaviour. I thoroughly checked her up with several top most doctors (including psychiatrist) and finally it was detected as Schizophrenia. Schizophrenia cannot be occurred in few days because it is a fate of mental disorder. My wife hallucinated frequently. I even have a prescription of a psychiatrist to whom she went for her treatment 10 months before our marriage. But the whole family cheated us. After doing her treatment for 7 months oneday she left my home forever. That was 7th September, 2014 at her own choice. After passing of two months I consulted lawyer and he suggested me to file Nullity case as the ground is strong in my case. I have many a prescriptions, Test reports, Medicine bills and Psychometry Report from Applied Psychology Dept. of Rajabazar Science College . She filed a misc case as a part of my nullity case where she demanded Rs. 25000 monthly and Rs. 50000 as litigation cost. She showed my salary as Rs. 65000 per month in her filing. As I am in an Govt of India Enterprise Company. So I could not suppress my salary. My earlier Advocate did not inform me about this interim alimony at the time of filing my nullity case. Even he showed me in that way where I wont pay anything and that is the only case of nullity. I have been cheated by my lawyer. So I changed my lawyer and appointed new one.My new lawyer suggested me not to receive the court Summon as long as possible. And I did it. But lastly my wife made a RTI to my Company and also the learned Court sent Summon for submission of my last 12 months’ salary slips to my company. Meanwhile i.e, 20 days before the hearing of my interim alimony case I sent one handwritten letter to my wife requesting to come back to my home. But no reply yet came to me. On the date of witness one representative from my company was present and all the 12 months’salary slips were submiited to court. Learned Judge did not notice the “Definition of Salary”i.e; only the Basic plus D.A.. Other allowances and perks are the fringe benefit. Considering all the perks my salary was 96000 but considering the take home salary after deduction of PF and Income Tax comes out to be Rs. 56000. Now I am in a critical position. My wife is B.Tech in CSE whereas I am also a B.Tech but her percentage of marks is better than me. Hence it can be said that she is more qualified than me.
1. My wife worked for many companies for few months and I have all the original appointment letters.
2. I have all the prescription of her treatment carried out by me
3. I even have that Psychiatrist prescription which was long before (10 months) before our marriage.
4. In her profile in bengalimatrimony she mentioned her occupation as “Service”but it was a lie as she was not working at that time. But I have the print out of her matrimony profile.
5. In the marriage registry form she also mentined her occupation as Service. But in the Marriage registry certificate occupation is not mentioned.
6. I have tried my best possible ways to get her well and I have all proofs with me.
7. I also made a GD that 7th Sep, 2014 onwards she is not living with me and she also accepted this in her filing of the misc case against nullity.
Now please suggest me in proper way and sections How this interim alimony be rejected / Reduced which will be most probably a huge one. And as soon as she will get, she will definitely delay the main nullity case which I filed for getting Justice. I have seen many judgements where interim alimony is rejected. Please help me out of this situation.
As my case is running , I could not give the details of my case.