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498a Discussion Forum - View topic - IA - Order made today
It is currently Tue Jun 15, 2021 12:14 pm



Reply to topic  [ 12 posts ] 
IA - Order made today 
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Joined: Tue Dec 07, 2010 12:47 pm
Posts: 24
Dears,
Today the IA Orders were passed on my DV case.
Her Claim for 35K Maintenance, 25K Medical expenses, 1Lac for damages, Alternate Residence are ALL REJECTED. It was stupid on her laywers side to put these clauses in the IA...when she was actually working!! She first denied that she is working. But when we produced her payslips and form 16, along with the fact that her IA# 1 requests me NOT to enter her office, it was foot in mouth feeling for her!! :)

However, the Judge allowed the following IA requests:
1. Restriction on visting her employement place - I AM NOT INTERESTED ANYWAYS TO EVEN HAVE A GLIMPSE OF HER
2. Restriction on operating bank accounts - THERE IS ANYWAY NO MONEY IN THERE, AND I DONT CARE
3. Restiction on alienating the shares household - which includes mixie, tv, fridge etc.... - JUDGE DID NOT RULE TO NOT RUN THE MIXIE OR USE THE FRIDGE WITHOUT THE COURT PERMISSION :)
4. Restriction on Alienation of property a) belonging to my DAD, b) belogning to me and my brother and c) Advance paid for a flat purchase. Proerty a and b are bought BEFORE marriage. And property c, all down payments are made by me and agreement to sale is in my SINGLE NAME.

I am bit worried on point 4 - though i am not going to sell any of the properties... I dont want her to allow any space or feeling of victory for her... i plan to raise an objection to the same... please advise on what my argument points should be!

And Many thanks to the various postings and judgements, which i produced to the court to help me reach this situation and get this judgement!!


Tue Jan 25, 2011 3:26 pm
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Joined: Sun Jun 20, 2010 1:45 pm
Posts: 242
dear sir,
i am having trouble understanding the exact implication of points 3 and 4.can you kindly elaborate the points 3 and 4 in simpler language pls for my common man like grey cells...thanks man!

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Sat Jan 29, 2011 2:32 pm
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Joined: Sun Mar 28, 2010 7:19 am
Posts: 568
3 and 4 just say that the husband cannot deny the wife her right to use mixie, fridge and also cant kick her out of the house... that apparently belongs to husband's father.

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Regards,
Tiwana
Skype: aftermarriage


Sat Jan 29, 2011 2:59 pm
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Joined: Thu May 27, 2010 8:40 am
Posts: 286
Is the restriction on operating the bank accounts only for jointly held accounts, or for singly held accounts as well? Are the accounts specifically listed, or does it apply to ALL your bank accounts?


Sat Jan 29, 2011 5:27 pm
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Joined: Tue Dec 07, 2010 12:47 pm
Posts: 24
Dear Gladiator,
Point 3. The IA request, was not to avoid me disposing of any of the assets mentioned in her schedule which included, mixie, fridge, cot, etc...
Point 4. The IA request was to avoid selling off the a) belonging to my DAD, b) belogning to me and my brother and c) Advance paid for a flat purchase.

Dear nirogi,
The restriction is only on operating Joint Bank accounts. NOT on my single joint account.

Dear Tiwana
Your reply was a releif. But I will be filing a objecting to points 3 and 4 with proofs this week.


Wed Feb 02, 2011 3:26 am
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Joined: Mon Jul 19, 2010 7:18 am
Posts: 152
How come restirctions imposed if the house is in the name of your father????

1. In case the house itself is acquired by father of groom and not ancestral then wont the judgemnent by courts given in this respect hold???


Fri Feb 04, 2011 3:42 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
No ritesh,

as long as it was a shared household, there can be restrictions.


Sat Feb 05, 2011 5:47 am
Profile YIM

Joined: Mon Jul 19, 2010 7:18 am
Posts: 152
in my case.

Father has two houses one in gurgaon one in delhi.
Parents stay in gurgaon house.
Now when i came to delhi he allowed me and my wife to saty in delhi house as my wife wanted an independent life style
Now when she filed DV on all of us , judge removed all names i.e mom, dad, married sis as they were not part of shared household except me.
Question is can my father give it on rent as we do not intend to sell it, and also will she get anything out of it, since i am no where mentioned in the property papers as the legal heir, etc. in fact their is no will by my dad. the property is acquired by him.

regards


Sat Feb 05, 2011 6:31 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Is there a restraint order about it.

As long as there is no court order, he is free to deal with the property in any manner he wishes.


Sat Feb 05, 2011 6:55 am
Profile YIM

Joined: Mon Jul 19, 2010 7:18 am
Posts: 152
no sir, no order it is prayed by her in her petition tht I must not relinquish any rights,the arguments for IA are in march end, thus should we put it up for rent before tht????. And will the tenants be troubled or told to vacate once arguments start thus we have doubt.
Also I filed in session court against the restraint order for me which was without any dir .
Good news I got her latest and madam has a good Hra of RS 5000. And also I got her allowances list of RS 28000 thus totalling an amount of RS 50000. Approx and yuppie my salary is almost there , good
Lets see how it goes from here.


Sat Feb 05, 2011 7:08 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
No the order has stopped you.


Sat Feb 05, 2011 7:39 am
Profile YIM

Joined: Mon Jul 19, 2010 7:18 am
Posts: 152
the restraint order is against me to not communicate with her in any manner, and the same was passed ex party and has been challenged. No other orders.
Please comment
Regards


Sat Feb 05, 2011 7:46 am
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