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498a Discussion Forum - View topic - ZERO MAINTENANCE TO MY LOVELY 498A WIFE
It is currently Tue Jun 15, 2021 1:36 pm



Reply to topic  [ 27 posts ] 
ZERO MAINTENANCE TO MY LOVELY 498A WIFE 
Author Message

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi Friends,

I am glad to share the news with you, that the Judge in his final order on maintenance has stated that my lovely 498a wife should not get any maintenance. Whereas it was held that I should pay maintenance to my son. Also, he has indicated that the son should be treated to my satisfaction and if the case merits then I would be allowed to take my son to Delhi for check-up. I want to emphasize that it was under PWDVA, 2005 that she was asking Maintenance.

Here is briefly, how it happened.

1. 05.05.2008: Lovely 498a wife filed PWDVA demanding 35,000/- maintenance and Alternative Residence and host of other things.
2. 13.06.2008: After 4 dates, Judge finally orders 10,000/- maintenance (5,000/- each for the kid and the lovely 498a wife). I take the plea that I am ready to pay for the kid but not for her. She declines my offer. States order to be met in complete or not met at all.
3. 10.07.2008: I file Revision Petition and gets a stay on the order of maintenance. Also demand child visitation/ interim custody. Both declined. Case posted for reconciliation.
4. 28.07.2008: Stay on maintenance to continue.
5. 09.08.2008: Stay on paying maintenance amount continues. Reconciliation Failed on her adamancy. Poppinder moves application under order 1 section 151 CPC for child visitation. Denied.
6. 25.08.2008: Arguments.
7. 18.08.2008: Arguments conclude. Order on revision reserved.
8. 22.09.2008: Revision Petition is dismissed and order to pay 10,000/- per month upheld. I file for interim custody alleging child abuse and no treatment to child suffering from Hydronephrosis. Also demand medical records of the child.
9. 23.09.2008: I demand affidavit from the girl (as per PWDVA section 23 requirements) that whatever averments she has made are true. And in no uncertain terms stating my intention to move application for lying on affidavit. She declines to give affidavit and accepts that she is working. Judge orders that only maintenance for the kid to be paid from the date of filing of the application. And this is the final order on maintenance. I made the payment of Rs. 10,000/- in the court with assurance to pay balance amount on next date and demand interim custody.

Judge orders her to bring the child/ medical records etc on next date. Assures the case to be decided on merit. And in any case, the child "has" (empasis is mine) to be treated to my satisfaction. And if situations warrant, the child to be sent to Delhi for examination in the presence of father. (Also read, Visitation to be provided etc. etc.)

I am mighty satisfied with the outcome of my PWDVA case till now. Not to take away anything from my able counsel. I started fighting this case on my own. (But had to bring in the counsel for arguments/ Revision.) Prepared all the replies on my own, got it reviewed by my counsel. Prepared complete Child Custody Application on my own and reviewed by my counsel.

The opposite counsel met me on 18.09/ 22.09/ 23.09 and requested few authorities which I had quoted in my petitions. And also offered to mediate. Social feedback/ Counsel Feedback (don't read it as acceptance, as he is a honourable man worth every bit of his salt) tells me that they are mighty confused. My Father-out-law and my lovely 498a wife has lost weight. They fear that soon the kid would be gone.

And yesterday, finally when I called my sister from outside the court. I told her:

MOGAMBO KHUSH HUA!!!

Ron, my friend, Time to open the bubbly. Send me the bills.

Regards,

Shonee Kapoor

PS: Meddle not in the affairs of the dragon; for you are crunchy and taste good with ketchup


Wed Sep 24, 2008 7:54 am
Profile YIM

Joined: Sun Jun 29, 2008 4:00 am
Posts: 568
Sir jee,

Definitely my heartfelt congratulations to you.

I pray that you get the custody of your kiddo completely.

I am also a teetotaller like you and will have a special masala chai, aapkey naam.

Every success acts like a tremendous morale booster for us guys.

_________________
Read the Surivival Kit - http://ipc498a.wordpress.com/2007/07/01 ... vival-kit/


Wed Sep 24, 2008 7:59 am
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
Shonee,
Great! This is the result of sustained effort and Grace of God ,I am happy at the outcome of this case and now look forward to a great news in your custody case.


Wed Sep 24, 2008 8:52 am
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Joined: Tue Sep 02, 2008 10:36 am
Posts: 93
Shonee,

This one judgement will speek not only for your 498a wife but for all those involve in miusing 498a and harrassing innocent people for money and other exploitation purpose.

Congradulation to you and those helped to achieve this judgement.


Wed Sep 24, 2008 11:14 am
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Joined: Sat May 06, 2006 12:42 pm
Posts: 684
Location: Bangalore/USA/Europe
When you read through the stepwise description by Shonee, you should marvel at the patience and persistence to trap the falsehood in a final punch. There is a lesson to be learnt here for other victims of 498A. Think hard about your situation and think about the best way to bring out the false allegation with maximum effect
(This is similar to what Ron Jeremy said in another post regarding impotency allegations: Also do not insist the bitch to undergo any tests now. Wait for divorce/498a to start then drop a hint that she was asked to get herself tested but she backed out. When the court asks why she has not got herself tested she will go on the backfoot immediately...
...Try to understand that these bitches think they are very smart and intelligent and they can fool the wise men in the court and society, but all those dreams and conspiracies come crashing down to earth when exposed to harsh scrutiny of the law.
Let her make the charge of impotency in the court, which she will despite the medical certificate being made available, then your friend will have solid ground to proceed on defamation..)

Now look at Shonee's posted chronology of events, see the bold-face words which imply a temporary defeat.
2. 13.06.2008: After 4 dates, Judge finally orders 10,000/- maintenance (5,000/- each for the kid and the lovely 498a wife). I take the plea that I am ready to pay for the kid but not for her. She declines my offer. States order to be met in complete or not met at all.
3. 10.07.2008: I file Revision Petition and gets a stay on the order of maintenance. Also demand child visitation/ interim custody. Both declined. Case posted for reconciliation.
5. 09.08.2008: Stay on paying maintenance amount continues. Reconciliation Failed on her adamancy. Poppinder moves application under order 1 section 151 CPC for child visitation. Denied.
8. 22.09.2008: Revision Petition is dismissed and order to pay 10,000/- per month upheld. I file for interim custody alleging child abuse and no treatment to child suffering from Hydronephrosis. Also demand medical records of the child.

And, the next step is the MASTER-STROKE by Shonee.
9. 23.09.2008: I demand affidavit from the girl (as per PWDVA section 23 requirements) that whatever averments she has made are true. And in no uncertain terms stating my intention to move application for lying on affidavit. She declines to give affidavit and accepts that she is working. Judge orders that only maintenance for the kid to be paid from the date of filing of the application. And this is the final order on maintenance. ...Judge orders her to bring the child/ medical records etc on next date. Assures the case to be decided on merit...

Thank you Shonee & Ron, for showing others how to fight for justice with intelligence.
Mogambo Kush Hua!!!


Wed Sep 24, 2008 1:05 pm
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Joined: Sun Jun 29, 2008 4:00 am
Posts: 568
Heh heh, the way shoneek is $crewing up the happiness of his wife and fil, both of them will need to join weight gaining classes.

The problem with these bitches is they tend to exaggerate and blow things out of proportion. When they make the drama, they soak up the sympathy and become addicted to it. With the passage of time, they realize they are just another statistic in the failed marriage category.

I have one more trap for my not-so-intelligent wife, I have stated in my objections that I have taken to all the holy places near-by.

I want her to deny that she ever went out with me to temples. The more lies she gets caught up the more difficult it will become for her.

My FIL better start worrying about the mental health of my not so intelligent wife. She will turn mad with the frustration and the negative turn of events.

_________________
Read the Surivival Kit - http://ipc498a.wordpress.com/2007/07/01 ... vival-kit/


Wed Sep 24, 2008 2:15 pm
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Joined: Tue Mar 11, 2008 6:39 am
Posts: 216
Congratulations Shonee! And thanks for posting your case proceeding in details. It gives an insight into how the case proceeds. Also it is encouraging to see that you didn't lose hope or patience in temporary setbacks. It's a lesson for us to persist slow and steady and we may win the race.

Also, what did you differently than Peri. Your case moved very fast with something happening almost every month.


Wed Sep 24, 2008 3:14 pm
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forum Moderator

Joined: Wed Dec 28, 2005 3:16 am
Posts: 747
Location: California, USA
My heartfelt congratulations to you Shonee. You really deserved it !!


Thu Sep 25, 2008 4:29 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi Gentle P,

My case was diffirent on two grounds from Peri.

1> She had moved a petition under Protection of Women from Domestic Violence. Which moves fast.
2> I am a resident Indian and not an NRI, hence, I was present at every date and was able to move applications immediately.

HOD,

There is some communication Gap. I asked for affidavit at this stage, because she had started working in between after filing the PWDVA petition. It was not planned in the first step itself. The "Vibhishan" in her family provided me all the details with complete records of her working. I had moved one more petition which was withdrawn when she admitted she is working.

And thanks for rejoicing in my joys.

Regards,

Shonee Kapoor


Thu Sep 25, 2008 6:19 am
Profile YIM

Joined: Fri May 02, 2008 12:03 pm
Posts: 28
Great going Shoneek..

That's like a warrior.

I salute you..

Wish me also success.


Thu Sep 25, 2008 11:43 am
Profile YIM

Joined: Wed Apr 02, 2008 5:57 pm
Posts: 56
Bravo Shonee! My hearty congratulations, may God bless you.


Thu Sep 25, 2008 12:27 pm
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Joined: Mon Jul 07, 2008 9:43 pm
Posts: 363
TUSSI GREAT HO SHONE JI

koi kasar nahin chodna, beat the snake until it dies and make sure it dead, then u r the WINNER.

keep going..all the very best.


Thu Sep 25, 2008 3:58 pm
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Joined: Tue Oct 23, 2007 4:40 am
Posts: 429
Location: USA
Good going.
Those who help others, help themselves.


Thu Sep 25, 2008 6:20 pm
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Joined: Wed May 28, 2008 6:51 am
Posts: 50
Hi Shonee....
Gr8 victory dude....u proved it.....
salute u for ur patience and intellegence.....wish u wid be ur kid soon......

Mogambo Khush Hua......haaaaaaaa

Kiru


Thu Oct 02, 2008 12:54 pm
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Joined: Tue Jun 03, 2008 10:10 pm
Posts: 229
Very intelligently done! sometimes our mind becomes vacant when hit with such situations


Thu Oct 02, 2008 10:25 pm
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Joined: Wed Aug 27, 2008 2:57 pm
Posts: 370
It takes a veritable warrior to take on the entire stinking legal system of India by its cuff and Shonne bhaiya is definitely paving the way with a great synopsis of a typical prognosis of a full fledged PWDVA. Hearty congratulations bhaiya for this and I am sure at this rate, the kiddo will be where he truely belongs. I have learnt the importance of asking for affidaavit at the right time from this post of yours. Good wishes again!


Mon Nov 03, 2008 12:29 am
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Joined: Wed Aug 27, 2008 2:57 pm
Posts: 370
Shonee bhaiya, what about alternative residence orders? Does maintenance take priority over residence ? Any compensation for damages or loss of livelihood proceeedings? Possibly yet to come....?


Mon Nov 03, 2008 12:38 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
The DV case is still in progress. Would keep on updating as and when things happen.


Mon Nov 03, 2008 4:57 am
Profile YIM

Joined: Wed Oct 31, 2007 5:51 pm
Posts: 280
Location: mumbai
Good going Shonee & all the best for the DVA case


Mon Nov 03, 2008 4:54 pm
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Joined: Fri Jun 06, 2008 2:21 pm
Posts: 37
Congragulations Shoneek

Kind Regards

Kannan


Sun Jan 11, 2009 12:40 am
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Joined: Tue Nov 06, 2007 8:33 pm
Posts: 30
Location: dubai
hey mogambo,
congrats, you have shown the tenacity to fight till last breath, great.
i would like to get some tips for visitation, can you please tell me on what ground your visitation is denied? suggest some important points to include in the petition for visitation.
many thanks,
vikash gupta,
e-mail- gupta_vi@yahoo.com


Sat Jan 31, 2009 12:13 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi Vikash,

Visitation is not denied to me, it is undecided for me as yet.

In PWDVA, 2005, the judge denied granting a visitation order. In GWA, the same is on the cards in next date. My email ID is at the bottom of my all posts, please feel free to write back.

Regards,
Shonee Kapoor


Wed Feb 11, 2009 8:31 am
Profile YIM

Joined: Tue Jul 24, 2012 1:13 pm
Posts: 37
Firstly my heartiest congratulations on your victory and even more importantly winning the custody of your son.
Though a belated question, may i ask you on what grounds did the DV court deny you the visitation rights? I am also facing DV and have been holding back from filing divorce and custody in family court until interim orders are passed in the DV case as i am hopeful that the MM judge will grant me visitation rights. I dont want him to duck the issue on grounds that matter is anyway pending in family court.
DV is the only case we have. Nothing in family court or elsewhere.
Would you agree with the strategy?


Fri Aug 10, 2012 11:37 am
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Joined: Thu Oct 15, 2009 4:45 am
Posts: 143
Congrats Sir,

Your are pillar for all the members.
So, please guide them.


Sat Aug 11, 2012 3:40 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
No reason, he said GWA is pending.

Regards,

Shonee Kapoor


Email: harassed.by.498a@gmail.com

Group:


Sat Aug 11, 2012 9:25 am
Profile YIM

Joined: Tue May 22, 2012 8:32 am
Posts: 10
two questions on above, :

1. In DV Act, I understand only woman can file for child custody ? what section you used to allow visitation under PWDVA ??

2. how did your remaining DVC case proceeding complete ? if you would like to complete the above very useful chonology ? and if similar about your 498a case ?

Thanks, Regards


Sat Aug 11, 2012 2:25 pm
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Joined: Tue Jul 24, 2012 1:13 pm
Posts: 37
My understqnding is that the MM has the power to decide on child visitation. The section is 21 if i remember co,rrectly.


Sat Aug 11, 2012 5:42 pm
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