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Her Story Dies At Caw Cell, Finally! 
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Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
Got another chance by the grace of GOD to post in "Success Stories".

Finally its official! Her (false) complaint comprising of 20 pages, against 10 of our family members praying for 498a/406 cases stands "filed" at CAW cell itself!! No FIR recommended against any of us.
Its Relief & Recharge for the remaining fight :-)

They tried to corner us at every possible opportunity, fortunately truth has emerged. Gang could not submit any iota of proof at CAW cell, I loaded them with needful papers. Remained clam & determined, said no to compromise too; coz that was not the right platform. Patience plays the key-role in this fight.
All thanks to priceless advice posted here, long live 498a.org


Thu Jul 21, 2011 1:19 pm
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Last edited by raj2525ukmail on Sun Jun 09, 2013 9:52 am, edited 1 time in total.



Thu Jul 21, 2011 5:19 pm
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galsober, well done. am happy for you.

do not want to douse your happiness, but be prepared for a pcr through the court. it inevitably follows when the cops do not oblige them. but when one is dealing with mad people, you can never say! she may not pursue it further.

but for the moment...a big yahoo!


Fri Jul 22, 2011 4:54 am
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mine is same situation , 19 month after complaint , no FIR filed as yet .

did u check with them that complaint stand officially cancelled.


Fri Jul 22, 2011 7:13 am
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Everytime I try to check if there is a FIR against me on delhi police web-site, it gives "no results" as response. I checked with some other popular names / sir-names to see if the site is in general working or not. But still "no response".

did this delhi police site http://www.delhipolice.serverpeople.com/firweb/Index.aspx?SubMenuId=2 worked for anyone?

Regards.


Fri Jul 22, 2011 9:32 am
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Ishwar wrote:
but be prepared for a pcr through the court. it inevitably follows when the cops do not oblige them. but when one is dealing with mad people, you can never say!

Of course, she may do anything in madness, I have received everything via RTI from Police. They guys took long 6months to close the matter. Notings of IO & ADCP are there. The facts which shielded me will stand forever, they can not go back on their 20 pages complaint letter... rest is all hope.... which will make us live...... to fight every challenge she poses.
Another thing, they have burnt much of their resources till now & did not get a single success. Frustration surrounds them for the time. Lets see what comes our way!

@rajeshdixit,
When there was no activity from cops for months together, I got unofficial information 1st, then applied for RTI & got certified copies of all documents.

Meanwhile, cops 'filed' the complaint approx 5 months ago, what r the chances of her getting anything useful from court on her plight, after such long time?


Fri Jul 22, 2011 1:00 pm
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FORGET ABOUT IT! I HAVE BEEN CHECKING FOR LONG TIME.....IT NEVER WORKS. BETTER YOU SPEND TIME ON FACE BOOK.

vn_2010 wrote:
Everytime I try to check if there is a FIR against me on delhi police web-site, it gives "no results" as response. I checked with some other popular names / sir-names to see if the site is in general working or not. But still "no response".

did this delhi police site http://www.delhipolice.serverpeople.com/firweb/Index.aspx?SubMenuId=2 worked for anyone?

Regards.


Fri Jul 22, 2011 7:46 pm
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Galsober

You are a hero today ! this is a morale booster for men who are on the fight with these wicked witches !

Keep up the good work and all the best for the future !


Sat Jul 23, 2011 9:16 am
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yes, good ones. which district it was in or which women cell ?
Good, keep it up. both to Rajesh & Galsober.

my DCP showed helplessness before the wicked wife & process. I did not go full throttle presuming that perhaps DCP can not do much to stop her complaint converted into FIR, it will anyways be converted. But that teaches 'do not presume'. there is always a way, if there is a sufficient will.

Good Men, Keep it up !!

hope we listen more success stories in the group.


Sat Jul 23, 2011 10:35 am
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Doubt here?????
Is it a rule that the complaint shall be filed in case of lack of sufficient evidence. ????
I guess that going by my personal experiance , they are just delaying the FIR.
Now in most cases mediation shall fail in the CAW cell, and it is unlikely that post failure of mediation FIR shall not be launched.

Question being are there any firm guidelines , as to what to do when you have no further dates / hope in CAW cell.
In my case i have recently been referred to mediation, i am soon going to celebrate my anniversary with CAW cell, as its been so long that we have been together.

Are there any steps to convience the CAW cell guys to make a closure report.(Numerous circulars, judgements all have been given to them, also writ is pending in court, and numerous correspondances are present between me and top officials of police and CAW cell). Is there anything left.

regards


Sat Jul 23, 2011 2:00 pm
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Hello Mohan!
This is all crap...that DCP is helpless... he has to convert it into FIR.! This is not so, these versions are by the cops to befool us. Actually Police are the biggest law-breakers in this country (Vardi Vaala Goonda). Political power is ultimate power here. I know many a cases, where a phone call comes to SHO & he has to release just-arrested NDPC-guys.
For CAW proceedings, I tied to get actual picture via RTI for a distt & posted the result here:
viewtopic.php?f=61&t=7974
It also says a good percentage of CAW cases not converted to FIR. O'wise also, AB for all u guys protects from untoward happening, its an umbrella.

@ Sai68,
You are a hero today ! this is a morale booster for men who are on the fight with these wicked witches !

But this hero still haunted by this query:
"Meanwhile, cops 'filed' the complaint approx 5 months ago, what r the chances of her getting anything useful from court on her plight, after such long time?"
Hope seniors put a word!


Sat Jul 23, 2011 2:08 pm
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willing to stand corrected on this.

i believe that if the 'terrorist' is hell bent on getting a FIR. it will happen. either the cops will be pressurized to do so. or, she'll get a pcr from court ordering the FIR be registered.


Sun Jul 24, 2011 5:48 am
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you can use this judgement, if she tries 156(3).

IN THE HIGH COURT OF DELHI AT NEW DELHI
07.08.2007
Present: Mr. Tarun Sharma, Advocate for the petitioner
Ms. Mukta Gupta, Standing Counsel for the state with
Mr. Ahshal Mehtra, Advocate
W.P.(Crl.) No. 1009/2007
Issue notice of the petition to the respondents returnable for 17th January, 2008. Notice is accepted by the Standing Counsel of the State. Crl.M. A. No. 8813/07 in W.P.(Crl.) No. 1009/2007.
The parties were referred to CAW Cell where CAW Cell after making enquiries, came to the conclusion that it was not a case of cruelty or harassment on the part of the husband. The CAW Cell recommended a Closure Report saying that no case is made out against the husband or family of the husband. After this recommendation, respondent no. 2 made an application under Section 156(3) before the learned Metropolitan Magistrate. Learned Metropolitan Magistrate without giving any reason as to why he considered that a case was made out, ordered for registration of an FIR. I consider that it is a fit case where operation of the order can be stayed. The operation of the order dated 3rd August, 2007 wrongly mentioned as dated 30th July, 2007 is stayed. Trial Court record be called.
Dasti.
SHIV NARAYAN DHINGRA. J.
August 07, 2007


Sun Jul 24, 2011 6:10 am
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Hello friends!
After a long time, with God’s grace; I got the honour to revive my own thread in ‘success stories’.
I tasted win after a long delay of yrs 2gather….. all thanx to biased judiciary for this mammoth delay. It was TA at HC which was stuck like anything. DV case & Sec 13 case were prayed by sweetie to be transferred 2 her city just 85 km away. It was all war of nerves & ego b/w the parties. Judge after judge remained changing, but nobody cud dare to accept the merits & pass orders unless there was a call from almighty Himself. Cases lingered for about 2 yrs, were clubbed ………..a frustrating journey as lower court ‘stay’ was there. I had to face a lot of humiliation many a times right in the court room, my parents also had to face hostile judge there, as we refused 2 take back the terrorist. Whenever new judge came into roster, he started his own tacts to reunite the couple as this was the only desire of sweetie.
But game saw a nice end as she had to eat the humble pie once again as she herself participated in arguments alongwith battery of her lawyers. I may say all is well that ends well, it is a gr8 moral defeat for the enemy.
Lessons learnt by me:
1) Courts are more than reluctant to give relief 2 boy even if matter is trivial.
2) U keep urself in gud mood & shape as this war is very very long n frustrating. If TA takes such long time, when wil u expect other matters to end in ur favour.
3) Avoid court room presence as far as possible if u have a stand “I wont take her back at any cost”
4) Make full use of mediation cell to give a piece of ur mind.
5) Judge may yell………..but u remain firm & polite to stick 2 ur stand.
6) Keep ur parents informed & updated so that they remain firm like a rock in hostile surroundings.
7) Keep on arming ur advocate with related citations. Take a printout of 5-6 solid points 2 be kept in mind during arguments & give this paper to advo 2 be kept in ur folder. It acts as quick referral for him when case is stretched for yrs. Preferably chk if ur advo is tech-savvy so that u can remind him something via email/sms & send him attachments of judgments.
Now, back in the arena, I am preparing to start the fight again at my city as the cases reopen here this month.
Bye……..gal


Sat Aug 31, 2013 1:21 pm
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Great Show, Galsober


Sat Aug 31, 2013 1:29 pm
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congratulations galsoberji for your success.

hope you will get rid this bitch soon.


Sat Aug 31, 2013 1:50 pm
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Galsober Bhai

Congrats.... all the best

Truth will always win


Sat Aug 31, 2013 1:56 pm
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Galsober Ji,
God bless you. U r helping all the victims by spending time in this forum, our prayers will be always with you.


Sat Aug 31, 2013 3:51 pm
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Gud work Gal Bhai.....May God n ur witty mind be with u always


Sun Sep 01, 2013 12:27 am
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Good luck gal(break a leg !!!). Keep us posted.


Sun Sep 01, 2013 1:28 am
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Good job sirji


Sun Sep 01, 2013 3:18 am
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Good job galsoberji!


Sun Sep 01, 2013 7:54 am
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Well Done. Thanks for sharing the news.

Your story will boost the sagging morales of many on this forum who are fighting the biased legal system in India.


Last edited by mustang on Sun Sep 01, 2013 3:02 pm, edited 1 time in total.



Sun Sep 01, 2013 9:20 am
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Gals ,

Congratulations once again.

Good work and keep it up.

Also, please continue helping to fight this 498A,DV menace.


Sun Sep 01, 2013 11:50 am
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congrats gal bhai, at least the cases are clubbed and you can start fighting them.

and thanks for the wonderful pointers, of course experience speaks

gud luck


Mon Sep 02, 2013 8:24 am
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Congratulations Gal ..


Mon Sep 02, 2013 8:51 am
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Congratulations Gal !!!


Mon Sep 02, 2013 5:03 pm
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Dear Bro. Hearfelt Congratulations. Though it appears to be a Small Victory But may Cascade into Much Bigger & Desirable Results / Outcome - Keep it Up.


Tue Sep 03, 2013 4:35 pm
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I got hold of the orders-copy for my TAs. Relevent ciatations which were mentioned by Pb & H High Court in my orders are (fighters especially from Pb. n Hayana may get help):
SC
1) ANINDITA DAS VERSUS SRIJIT DAS, 2006(9) SCC, 197

PHHC:
2) TA 390/2012 Simple Vs Pushpinder Pal Singh Bindra @ Vickey
3) TA 380/2012 Amandeep Kaur Vs Rajinder Singh
4) TA 275/2012 Sunil Devi Vs Rajesh

It has been mentioned too "If the distance involved is around 100 KM or less, the petitioner is not entitled to seek transfer of proceedings to a court more close to her present place of living"


Tue Sep 24, 2013 3:48 am
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Dear Galji,

My heartiest congratulations to you and family members.. You deserve this because you have rendered many service for this 498a inflicted community.....


Wed Sep 25, 2013 1:00 pm
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My Heartiest Congrats as well Gal sir!!


Wed Sep 25, 2013 1:11 pm
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With God’s grace & blessings from u all, I won another court case last week. It was appeal filed by her at Session Court against the Interim Orders passed by CJM u/s 23 of the DV Act. Though merits were highly tilted against her but it took more than 3 yrs to decide the case & dismiss it. Main DV case still moving at snails pace. So are other cases.
.........I Won The Battle But War Is Still On


Mon Aug 04, 2014 4:24 am
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Heart-Felt Congratulations !!!!!!

Can Feel Better Days Ahead for You.

May God Bless You.


Mon Aug 04, 2014 2:44 pm
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I won the next battle………..the most important for me!
With God’s grace & unlimited prayers, well wishes ......I am here to break another important news……I TASTED SUCCESS THIS WEEK, GOT DIVORCE U/S 13 (1)- A HMA from Distt Courts.
Thus the war that was started almost 4 yrs ago culminated into winning the main case in my favour, rest of minor cases are still on.
Though there is some bad part into it also……….a slap of Rs 10 lac as permanent alimony u/s 25 HMA. Brief facts to re-call:
* Married in 2003
* Remained >7 yrs in hell like married life with only downs & downs. Daughter born. Did n number of compromises just for the sake of the little one. Then raised the flag, once it became intolerable.
* Filed divorce on cruelty grounds. As expected, she fired back with 498a, DV weapon. One good thing she did for me, though not as per her wishes. She left daughter aged less than 5 yrs to me just to put “burden” upon me in the troubled days of 498a/arrests. But the God was there in the form of that little kid to protect us all. We all escaped 498a FIR, she re-applied it…….. her falsehood again met with the same fate.
* In DV, I got interim orders in my favour. All her threats started fading away. Then started long fight of contested divorce, TA, DV, Sec 25 GWA etc. There was a time when around 11 cases were b/w us in court. It was like swimming against the tide d/t bias everywhere, even at minor procedures. Gradually I won TA, DV interim appeal. She remained a relentless enemy, holding her ground that ‘I will rehabilitate with u with DANDE KA ZOR
* Profession, Parents, Personal life.... all were put to stake for over 4 yrs. She fought tooth & nail to block my divorce. Thank God…..it resulted in winning the main case at least. Biased system put 10 lac as alimony which does not stand on merits. Detailed orders are still awaited.

THANKS TO THIS SITE & WONDERFUL PPL HRRE. I can not forget the day in Sep 2010 when I bumped into this site by default only. In those years, Shonee Kapoor was well in the process of his own fight, I gathered a lot from his daily posts. He was not a lawyer yet. Very soon I gathered a lot of confidence here & it became an addiction to read & write in it since then. I found that u do hard work on ur cases & try to balance ur own life & profession at the same time. Keep urself busy as far as possible, it turns away the depression & negative thoughts.

Ahead:- Daughter is with me, she is past 9. Basking in the love from her daada, daadi & me.
I know that it’s a part of fight, not an end. Appeal lies against these distt courts orders till SC, there is no escape till opp party raises her hands. Quite often these orders are reverted at HC or SC, alimony is also increased in many cases. Lets see how far it goes. At least lower court win injects a moral booster into u. Rest is our destiny.

Dv main case & custody case are pending, but I donot give weight-age to them lest she takes divorce orders to HC. Till then hope for the best, pray for the best!


Thu Oct 09, 2014 4:37 pm
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@galsober bhai

Congratulations....! We all are happy for you.
Sorry to hear about 10 Lakh as alimony.
Hope the opposite party raises her flag and goes away once for all without appealing in HC/SC.

http://www.lawyersclubindia.com/experts/Divorce-case-appeal-hma-501331.asp#.VDbNAxW6bmI

Please follow the above link till the query is resolved


We all wish you a very good luck in main DV case and custody....looking forward to hear the good news on these cases as-well at the earliest.

May God bless you, your parents and the little angel :)

_________________
“In theory, theory and practice are the same. In practice, they are not.”

http://498afaq.blogspot.in/
http://www.498a.org/contents/general/Ne ... elines.pdf

Good Luck


Thu Oct 09, 2014 4:50 pm
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Congratulations brother Galsober.

galsober wrote:
a slap of Rs 10 lac as permanent alimony u/s 25 HMA

Did the judge say what he was basing this alimony amount on if ur daughter is with u? If he didn’t, please share what justification the judge gave for his decision on alimony when u get the detailed order.

Is ur wife not educated enough to work? R u employed? Do u have a lot of assets?

Thanks.


Thu Oct 09, 2014 8:00 pm
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many congrats galsober bro. your persistence and patience in managing so many cases has paid off.


Fri Oct 10, 2014 9:16 am
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congrats, @gal....
you are an inspiration to all of us....!!


Fri Oct 10, 2014 9:21 am
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Thanx to dear friends.

Mahesh76 wrote:
Congratulations brother Galsober.

galsober wrote:
a slap of Rs 10 lac as permanent alimony u/s 25 HMA

Did the judge say what he was basing this alimony amount on if ur daughter is with u? If he didn’t, please share what justification the judge gave for his decision on alimony when u get the detailed order.

Is ur wife not educated enough to work? R u employed? Do u have a lot of assets?

Thanks.

>> We both are Govt employees & salaries r almost equal
>> Assets were never taken on record by either party. Self admissions of salaries was there
>> As u said, detailed orders are awaited, so I m also eager 2 see the reasons
>> But general trend of courts including SC is to fill her pockets to maximum possible; if contested divorce has to be granted to husband in rare circumstances.


Fri Oct 10, 2014 5:04 pm
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Very biased system.

I guess there’s not much harm if u can afford it. I can sense u r not too worried about it. Hopefully it’s a blessing in disguise that will keep her from appealing the decision.

Again, congratulations n best wishes.


Fri Oct 10, 2014 8:59 pm
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>> I do not think my 3-4 r wasted. I rescued whole of remaining life from her clutches
>> No plan for early marriage, rest is prabhu-ichha
>> Sooner or later I wil accept it mently as this is the penalty for living in such a hypocrite, biased country
>> Affordability is not a concern, JUSTIFYING TO MY INNER SELF is troubling me............I have 2 give her prize for ruining my life, for abandoning the innocent child.
>> Just for balancing the mind, I am concentrating on remaining cases. Time wil provide healing touch day by day


Sat Oct 11, 2014 5:03 pm
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My orders for divorce case are finally out. Me, my father & 2 witness appeared from my side. She, her brother & another 2 witness appeared from opp side.

Salient points 2 successfully prove cruelty are recorded as:
* She misbehaved, insulted and threatened. My letters written to my father about this torture became reliable exhibits.
* She put false 498a & 406 application in retaliation which was dismissed by police devoid of any merits
* She made false allegations on my character for which she cud not produce any proof
* She left minor daughter to me after I filed divorce case
* She forcibly entered & occupied the house of my parents pending my divorce case

Cases referred to:
1) 2007 (2) Civil Court Cases 663 (SC) in Samar Ghosh Versus Jaya Ghosh
2) Deb Narayan Halder Versus Smt.Anushree Halder, reported in AIR 2003 Supreme Court 3174
3) 2003 (2) CCC 487 (SC) in case titled as Vijaykumar Ramchandra Bhate Versus Neela Vijaykumar Bhate
4) 2002 (1) Civil Court Cases 268 (P&H) Manjit Kaur Versus Avtar Singh
5) Nitin Ramesh Dhiwar Versus Rupali Nitin Dhiwar, reported in 2013 (3) VCR 108
6) Swaran Kakkar Versus Gulshan Kakkar, reported in 1987 (2) HLR 381 and Dharam Pal Versus Smt.Pushpa Devi, 2005 (4) RCR (Civil) 717
7) Subhash Chandra Das Chowdhury Versus Sandhya Das Chowdhury, reported in 2010 (1) HLR 553 (Calcutta)
8) Rishi Pal Versus Laxmi Devi, reported in 2010 (1) ICC 238 (P&H)
9) Dalbir Kaur Versus Daljit Singh, reported in 1997 (2) RCR (Civil) 121
10) Raj (Smt.) Versus Dalbir Singh, 1997 (2) RCR (Civil) 157

From opposite side, “Smt.Sarla Singh Versus Kanwar Ajay Partap Singh 2009 (4) RCR (Civil) 235” was relied on to slap me with 10 lac alimony. It is written to justify 10lac alimony u/s 25 HMA -- It is settled law that in absence of any reliable data on the point of income, the Court is to take consideration over all financial position of the spouses and their necessities having regard not merely to their income but their properties, debts and liabilities. Only on the ground that respondent is a doctor by profession, application U/s 25 of the Hindu Marriage Act cannot be dismissed. Keeping in view the facts and circumstances of the case, I deem it proper to direct the petitioner to pay a sum of Rs.10 lacs by way of permanent alimony to the respondent.

Now, I m given 3 months time to deposit the DD to make this decree a valid one.


Sun Oct 19, 2014 4:37 pm
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Thanks for sharing.


Mon Oct 20, 2014 3:07 am
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Thanks for posting Gal bhai,

couple of things i wanted to ask :
1. how qualified and earning the lady in question was ?
2. how much was the original figure asked as Permanent alimony?


Mon Oct 20, 2014 8:28 am
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>> She is MBBS & in Govt job, 53K salary PM on record
>> Demand was 35 lac in sec 25HMA
>> Daughter is wid me


Mon Oct 20, 2014 5:17 pm
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that is ridiculous judgment....
she does not have a any kid to bring up...and earning hefty salary...still judge awarded 10 L to her.....what a mockery of judiciary system in India...


Mon Oct 20, 2014 5:58 pm
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I would think of the alimony amount as a price paid for a ‘good riddance.’ Because the burning question for her n her lawyer is ‘appeal or not to appeal.’ Hopefully the alimony amount has tipped the scale in the favour of ‘not to appeal.’

And brother galsober has stated that his salary is about the same as his wife. My guess is his is a little higher. So he should be okay after paying this amount. It’s still less than what most of us needlessly spent on our weddings.(The most foolish expenditure I’ve ever made. And all of it in the course of just a few days. Sigh.)

I wonder if the court will grant an extension to pay the alimony in installments, with or without interest, over a period of a few years. I also wonder if there is any tax exemption for the person who paid the alimony. I’ve researched previously on these but could not find 100% definitive answers. The potential rewards involved should be enough to explore these questions to the core.

On a lighter note:
http://timesofindia.indiatimes.com/life-style/relationships/man-woman/What-alimony-honey-I-just-quit-my-job/articleshow/15055243.cms


Mon Oct 20, 2014 11:18 pm
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In country where I live, they give tax benefit on alimony paid.....
hope it works in India too..


Tue Oct 21, 2014 7:17 am
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Of course I find it OK for me IF THE CHAPTER IS CLOSED HERE ONLY. But most of these girls have:
* No chance of marriage at 37 + yrs of age & d/t their widespread BADNAAMI
* Their motive becomes NOT TO LET EX-HUBBY GET PEACE & REMARRY
* Loot Ka Maal milne pe HC ki lawyer-fee bharna bhi aasaan
* HC never imposes costs on such females even if their lame appeal is dismissed

So a win-win situation for her to give it a trial in HC 2 increase the alimony.
Keeping my fingers crossed whether she appeals or not, there is a long delay-condonation for such acses in HC also


Tue Oct 21, 2014 1:28 pm
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For tax realted issues, I have 2 visit my CA after Diwali. As per my present knowledge, we pay her from our TAX-PAID INCOME/SALARY. The bulk ammount she receives is tax-free for her as husband has already paid it.
Furthermore the income she will earn from that bulk amount for coming years will attract tax from her pocket as per the slab.

Anybody guide me for taking personal loan....chaep & best. I wil requireapprox 6 lac for it.


Tue Oct 21, 2014 1:33 pm
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Brother galsober, in my irresponsible days, once I got a year long extension on paying a traffic fine. The fine was about 15000 Indian rupees. I told the judge verbally that I’m barely making ends meat. That year I paid half the fine and then I extended that extension for another year and the judge also agreed to reduce the remaining amount. India is a democratic country too. Please, instead of a loan, approach the court for an extension. I know ‘permanent alimony’ and ‘paying in installments’ sounds like a case of oxymoron but it’s worth it to explore whether it’s possible. Since cost of living is low in India, with ur income, if u have no other debt, u can easily afford the 6 lakh loan but if there’s a way to save money, why not look into it?

Do not worry about ur wife’s taxes. Try to find out if, based on alimony paid, u can get any exemption from paying income tax?(look into it only if u belong to the 3 percent of the population of India who actually file income tax return)


Tue Oct 21, 2014 4:49 pm
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Jaati hui chudail ko kyo rokna.........I want to free my self from the big mess asap, unless she blocks my way again via appeal.
Moreover judge has written in decree- "the dissolution shall come into affect when the demand draft drawn and furnish to the respondent. With these observations, this issue is decided in favour of the petitioner and against the respondent, subject to payment of Rs.10 lacs as permanent alimony."
So i think divorce wil com into force only when I give full 10 lac to her.


Wed Oct 22, 2014 5:10 pm
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Joined: Mon Jul 14, 2014 3:39 am
Posts: 382
Thanks for sharing so much. Good to know.


Wed Oct 22, 2014 11:22 pm
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