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Divorce Granted to wife with many things in my favour... 
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Joined: Mon Dec 24, 2012 12:11 am
Posts: 959
Guys,
Cant say whether this is a success story. But Divorce granted to wife with many things in my favour. I am actually confused right now whether to celebrate or be upset.

So here's the output of the Judgement in Divorce...

Pros & Cons of the Judgement...

No Alimony or Maintenance to wife. She wanted 40 Lacs for settlement in the beginning then she came down to 25-30 Lacs but the judge ended up giving her nothing.

There was a order of Interim Maintenance for child which has been enhanced to 5K per month on which i voluntarily agreed.

But the only part that I didn't about the Judgement is that the Judge did not consider any of my evidence and which was clear cut proving that the wife has not come with clean hands to the court and the judge himself had mentioned this in the Interim Orders and also that her inconsistent statements were proved to be fabricated. But as said that I am okay with divorce but not the blames that the judge put upon me that you demanded money from her and that I had suspected her character. And the reason for this comment by the judge was that in the cross examination my lawyer never asked questions pertaining to this in the cross-exam and hence I removed him and fought my case In-Person thereafter. But by the time it was too late for me to take over the case.

So brothers please suggest that should I move to the High Court to remove this tainted comment from my head or should I leave it?

Please suggest...

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Regards,
A Friend...


Mon Dec 01, 2014 2:36 pm
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Joined: Thu Sep 04, 2014 5:37 pm
Posts: 33
Phasgaya73,

Congrats ! Finally you came out of war alive with less bruises.
I suggest you to move on and start enjoying .
Try to cherish every moment of life and get yourself ready for second innings in case you desire so !

Regards


Mon Dec 01, 2014 2:53 pm
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Joined: Mon Dec 24, 2012 12:11 am
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Thanks Bhai...Yes Second Innings to zarur hoga...

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A Friend...


Mon Dec 01, 2014 3:39 pm
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Joined: Mon Dec 24, 2012 12:11 am
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Judge gave me access to child also and said i will enhance the access to your child in coming times...

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A Friend...


Mon Dec 01, 2014 3:43 pm
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Joined: Mon Jul 14, 2014 3:39 am
Posts: 382
If u were the one who applied for the divorce, it’s definitely a success story. No alimony is a great success story.

Do not move to HC because if I have to make a prediction, I would predict that the HC judge will grant her some alimony. Also add the expense of HC with the alimony expense. So be content with what u got. What u got is a very good deal. Hopefully, she won’t appeal in HC for the alimony.

If u have a 498a or another case pending and u think ur wife is in a hurry to remarry, then, it’s a another ballgame. Then the HC expense and alimony will be for a good cause. Then let her remarry after she gets the cases quashed against u and ur family.


Mon Dec 01, 2014 3:59 pm
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Joined: Mon Dec 24, 2012 12:11 am
Posts: 959
Mahesh even i wanted divorce by mutual consent but her demands were high so i left it on the court to decide... And court gave her divorce but no money...A DV case is there where her maintenance was declined but im looking forward to fire now...

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A Friend...


Mon Dec 01, 2014 4:12 pm
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Joined: Mon Feb 25, 2013 10:23 am
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phasgaya73 Bhai....

Congratulations....

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Tue Dec 02, 2014 3:52 am
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@ phasgaya73,

Sir Ji mubarak ho...!!!

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Fighting_Back

""!!!""Failure lies not in falling down. Failure lies in not getting up""!!!""


Tue Dec 02, 2014 6:03 am
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Joined: Fri Jul 04, 2014 8:23 am
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@phasgaya73

Bhai sahab..Bahut bahut shubkamnaye...

party to banti ha :)


Tue Dec 02, 2014 9:39 am
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Joined: Mon Dec 24, 2012 12:11 am
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Picture abhi baaki hai mere dost...DV Case is still on...Trial yet to begin...

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A Friend...


Tue Dec 02, 2014 10:43 am
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Joined: Fri Jul 26, 2013 2:32 pm
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Mubarak ho sirjee..
Don't go to HC.. cause we all know what happened in Vidhya Viswanathan Vs. Kartik Balakrishnan case recently in $C. 5 l@c incre@sed to 4o l@c and judg3 ment!oned that d0ne with c0nsent...


Tue Dec 02, 2014 11:57 am
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Joined: Sat Apr 20, 2013 2:08 pm
Posts: 121
Congratulations....


Wed Dec 03, 2014 5:47 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987
Congrats, phasgaya tho nikalgaya.

Cant say whether this is a success story. But Divorce granted to wife with many things in my favour. I am actually confused right now whether to celebrate or be upset.

Thodisi success nahi 99% success. There is no 100%. Celebrate it.

So here's the output of the Judgement in Divorce...

Whole public document expected with private things removed.

Pros & Cons of the Judgement...

No Alimony or Maintenance to wife. She wanted 40 Lacs for settlement in the beginning then she came down to 25-30 Lacs but the judge ended up giving her nothing.

There was a order of Interim Maintenance for child which has been enhanced to 5K per month on which i voluntarily agreed.

The chief reason for asking in above. Let you educate how this success can be achieved, so that others can take a cue from it.


But the only part that I didn't about the Judgement is that the Judge did not consider any of my evidence and which was clear cut proving that the wife has not come with clean hands to the court and the judge himself had mentioned this in the Interim Orders and also that her inconsistent statements were proved to be fabricated. But as said that I am okay with divorce but not the blames that the judge put upon me that you demanded money from her and that I had suspected her character. And the reason for this comment by the judge was that in the cross examination my lawyer never asked questions pertaining to this in the cross-exam and hence I removed him and fought my case In-Person thereafter. But by the time it was too late for me to take over the case.

Snake should not die nor the stick should be broken what we call locally here. He adopted the same.

Also request you to educate how in-person can be done by one.


So brothers please suggest that should I move to the High Court to remove this tainted comment from my head or should I leave it?

Please suggest...

Don't waste time making rounds to court, leave it. The judge's conscience will make him feel it, when he is in trouble or finds another case of the same type.
Enjoy finding another one, but be not a bakra this time.

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Wed Dec 03, 2014 6:05 am
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Joined: Mon Dec 24, 2012 12:11 am
Posts: 959
@srkraidu,
Thanks Bhai. I agree with you that moving HC will be like suicide. I approached many HC lawyers since my last post on this form, but many told that not to appeal and few were saying to file an appeal, probably to get ill gotten gains. I realize it now that judge was satisfying the Ego of both of us through that judgement such as giving me access to child with promise to extend the visits and 50% holiday custody of child + Not a Single penny to wife but divorce granted. So I think all over it favoured me.

Party In Person was difficult for me but I took the right decision else my lawyer would have messed up the case further beyond repairs. Imagine a lawyer to whom you have given all the questions to ask your wife but still he doesnt asks 99% of those and further tells the judge to close the cross-exam of your wife. Well the results in this case will be devastating as all the allegations will remain unchallanged in the case despite you having all the evidence on record. Because of my lawyer a crucial piece of evidence (Videos) was not admitted in the proceedings. But in my Cross and Written Arguments I tried to fill those gaps but didn't achieve much. But I was able to convince the Judge for maintainance and No Alimony which she was begging for since the beginning of the cases.

Those who are leading their cases Party-In-Person they need to be very careful as you might mis-understand a Judges favour on you so as to beleive that he is sympathising with you or he is helping you since you are without a lawyer. Guys remember these Judges at most of the times just take advantage of you when we are In-Person. So it is not advisable to everyone to lead their own case until your lawyer is an Asshole and Bribed like my lawyer. But those who wish to fight In-Person then first know the procedures under Civil & Criminal, the tricks and be in constant touch with this forum and Internet. When ever you go to courts, then meet different lawyer for a quick chat about your concerns and queries and I'm sure they most of them entertain you.

Hope you all find these few info helpful. And yes I will post my Judgement here with key points with more insights on fighting your case In-Person.

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A Friend...


Fri Dec 05, 2014 8:00 am
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Joined: Fri Sep 26, 2014 5:13 pm
Posts: 4
Congrats Sir.

How long did it take ?

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Sun Dec 07, 2014 1:25 pm
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