Legal Question in Family Law in India

Here are some of facts [in brief] :

Myself is gautam Mehta, come from middle class family, residing at

301, 3rd fl., prahlad,

253-link road,

santacruz - west,

mumbai-400 062

since 1959 in an old building [before my birth] and from 2009 in a redeveloped construction on same plot, having responsibility of family of six [6] person on me.

1.1]. my ailing grand pa having age 83yrs � hving operation of retina detachment twice on one eye,

and Catract Operation on two eyes,

1.2] my father � hving aged 61yrs � hving recently operation of RETINA DETACHMENT twice

on TWO [2] eyes and CATRACT OPERATION on TWO eyes all within three [3] years

from 2009 to 2012.

1.3] my mother,

1.4] myself

1.5] my younger brother,

1.6] my youngest brother who is studying,

1.7] Re-used 2001 Ford Ikon was bought jointly by d/r and my younger brother just to fulfill the

wishes of our father to own a vehicle. which petitioner is well aware of it.

WHEREAS, FACTS based on petitioner/petitioner�s mother representations before marriage are :

2-a] not only petitioner but also her younger sister were student of

Sulochanadevi Singhania School, J K Gram, Thane West.-

one of well known renowned schools in thane

2-b] petitioner is highly qualified, well-read and well educated

B.A. with psychology and completing E.C.C.Ed. [Early Child Care Edn.] course,

working with one of renowned Educational Orgn. TREE HOUSE, at thane.

2-c] they lived at naupada area but bcoz of ill health of father of petitioner, for availability of

elevator [lift] they had booked a present premises when it was under construction and

shifted on 2005 & old one kept it as it is in the same condition they left as remembrance.

2-d] father of petitioner was with a renowned accountancy firm and latter was merged with PWC.

his [father of petitioner] sad demise was happened during his surprise visit to supervise

audit team already there at chiplun in dec.�2007.

we know at that time [in first meeting ] about sad demise of his father. Otherwise in her

profile there was not mentioned of his sad demise.

2-e] father of petitioner used maruti CAR that too keep it as a remembrance.

on 8th day of FEBRUARY 2011 my marriage was solemnized as per Hindu rites and customs. [lasted from 8th feb.�11 to 5th dec.�11 (nearly TEN MONTHS)]

on 5th Dec.�2011 being a death anniversary of her father, she went to parental home for 2-3 days stays.

On reaching she had phoned at home [matrimonial home] to tell she reached safely. [ It is an untold routine for all members in her matrimonial/my home to inform the residence of having reached/arrived destination safely as well at the time of leaving the destination ].

Her stays from that day [5th Dec.'2011] is STILL there without any break. [nearly two [2] years].

We do aware of prevailed bitter reality of married life scenario in general where in most of cases, due to absence of COMPROMISING NATURE and PROPER MEDIATION by experienced MEDIATOR, a row between not only couple but also between their elder ones result in massive ugly ego battles leading to an AVOIDABLE divorce/separation in married life of from day [1] one to �.. number of years.

Though we make our level best for RECONCILIATION requesting petitioner�s mother through e.mail, personal visit to their home etc..

However, from the current scenario, it seems that it has been felt short to make the desired impacts on elder level.

I feel very strange that both of us, right from beginning, are not allowed to meet in person and take their own decision for ALL the matters which concern us, the most. And moreover the whole conversation concerning us has only transpired between elders of both side without intervention of us.

Fact : 1 ] Through out our tele communications where it is little bit hard for one to direct what to

say as well our personal conversation in their home at Thane, I have never got the

inkling of this current situation.

she was all the while saying one thing that she is awaiting for the permission from VADIL [seems she is under influence] but she won�t clarify and I am still in dark who ?

On the contrary not only me but my whole family are eagerly awaiting for that day.

&

Fact : 2 A ]

On 8th FEB. 2013, her mother came with her relatives to inform to discontinue the relations.

On 4th May�2013 they used to come to collect all belonging of her.

My father requested petitioner�s mother to bring her also since it is her belonging and moreover her presence, as per law, is mandatory. But petitioner�s mother firmly refused and on the contrary she threatened him in soft words to send her relatives to make us understand not to insist her presence.

for unknown reason, neither they came on that day nor they phoned my elder.

on 19th june�2013, We received a letter stating that on 4th May�2013 [the day his mil alongwith her relatives used to come to collect belonging of her daughter] her mobile connection has been dicontinued on whose instruction that i donot know.

but i can only tell that it is an SENTIMENTAL ATTACHMENT to her because it belongs to her father at the time of his sad demise and she is very fond of his belonging as a last remembrance.

Don�t know if there is any link between discontinuation of her mobile and their not coming on that day [i.e. 4th May 2013].

On 12th May�2013 they came to collect all belonging of her in my as well her absence.

Keeping in mind about their financially power and have good connection in legal and bureaucratic sphere and the realistic that lawyers with good sense and application of legal twists and turns can turn any case, as a precaution to avoid chances of any kind of harassment in future, my father gave it all her belongings with a list which was duly signed by both parties without more insisting the need of her presence,

frankly speaking we are not upto their level.

On 13th May�2013 [Monday] petitioner�s mother phoned my father to inform that to be present there with me on Wednesday 15th May�2013 @ 11:00am at fmly. Court, to sign on MCD paper. [a sort of polite order]. My father told them w/o checking documents, it won�t be possible.

So they sent the documents on 15th May�2013 to view through e.mail. My father found minute vital errors in our address itself.. chances are it may be made intentionally. Moreover from mcd document only, we came to know ACCIDENTALLY that they already appointed their own lawyer on our behalf without informing to us.

A VITAL DISCRIPENCIES in address mentioned in MCD draft is as under :

MR. GAUTAM MEHTA,

AGE 32, 31, OCC � SERVICE

Residing at:- 302, 301, Pratap Enclave,

Near Manek Villa 253-s. v. road,

santacruz (E) (W), MUMBAI-400054-

besides, petitioner described ownself as "SPINSTER". its meaning according to

1] in http://en.wikipedia.org/wiki/Spinster

has reached menopause and the end of her reproductive lifespan

&

another meaning of repressed spinster whose life is dominated by her dictatorial mother

2] in http://www.urbandictionary.com/define.php?term=spinster

A woman whose ovaries are becoming dehydrated and may soon fall out

&

On 2nd June�2013 [Sunday] they send the draft for approval through e.mail with instruction to be present on 4th june�2013 [Tuesday] @ 11.00am. at thane with specific clause to confirm it on same day by @ 9:00pm. [ a polite order]

Though my father sent their draft with making necessary changes for verification, - a copy of the same is attached herewith

Not only me but my family are STILL in favour of reconciliation even at this stage. We mean it.

Fact : 2 � B ] A Received petition no.: with vital discrepancies: .

3-a] petitioner hide the correct address of respondent and age [my birth date is in NOV.�81 and

whereas petitioner is OCT.�82. Thus a GAP of [1] one year between us in a

petition no.: .while submitting it on OATH before hon�ble court.

3-b] petition no.: which has been sent without having duly stamped and signed

and date by concerned COURT AUTHORITY but also signature of petitioner as well

advocate on it and more over not attaching a copy of each and every documents being

submitted by them with hon�ble court alongwith a covering letter no.:NIL dated 17-10-2013

intimating to be present on 12th Nov.�2013 by Adv. Kanchan Surve [adv. of petitioner] under

Regd.AD. no.: of 17-10-2013 [from the receipt of postal authority on

cover] received at my end on 26-10-2013.

Due to this VITAL DISCREPENCIES made with ill intention/motive in my address, should

post people of different post offices does not take an initiative to find out correct proper

address to deliver the article, i have not received it still to-day and am still in dark about it.

a Xerox-copy of petition and its cover with marking/necessary changes made by

postal authority on it.

3-c] I did receive a letter from petitioner in june�13 with a manually rectified DISCREPENCIES

in MY ADDRESS therein accordingly and correct address on envelope in month of june�13.

A copy of the same is attached herewith.

I, am in good faith, present there ON 12TH nov.�2013 at given time and attended counseling as directed. Though it is not properly served.

this two [3-b] & [3-c] incidences may arose the suspicious of anyone about intention/motive.

Above two [2] facts Fact : 1 � B ] and Fact : 2 � A & B ] having completely different meaning like N-S pole from each other make anyone suspicious about something is cooking fishy.

May be she is doing all unwillingly under influence/instruction of vadil.

I hereby request honourable court to note that who is made the petition no.: M.P.No.A/232/13 is not aware of the facts or �..

Not surprised if anyone, unaware about feeling of love and affection of petitioner towards me and real facts, may come to conclusion considering prevailed present situation and circumstances that:

NOT ONLY

4.a]. petitioner WILLFULLY deserted without any sufficient cause.

4.b]. petitioner WILLFULLY exited her matrimonial responsibility.

4.c]. petitioner WILLFULLY put the false allegation.

4.d]. petitioner is not part of any kind of Husband and wife relationship and also not supporting

the same.

BUT ALSO

petitioner tries to mislead the court from very beginning to achieve ILL MOTIVE goal through unlawful route.[in other words she is coming up with UNCLEAN HAND [HIDING FACTS].

4.e]. Petitioner WILLFULLY inform my address with VITAL DISCREPENCIES to hon�ble court

under OATH so that I may fail to receive any communication from the court.

4.f]. Petitioner WILLFULLY hide the fact from Hon�ble court that she is highly qualified,

well-read and well educated [B.A.with psychology and doing E.C.C.Ed.course (Early Child

Care Edn.) and working with renowned Educational Organization TREE HOUSE, at thane.

at the time of claiming maintenance, petitioner pretends to come across as a person unable to

earn her livelihood !!! how sweet and innocent she is. .

4.g]. petitioner WILLFULLY hide the facts that her mother and her relatives had already collected

all her belongings after having duly inspected and signed by elders of both side on a detailed

list of items.

4.h]. petitioner WILLFULLY conveniently hide the fact of my responsibility by stating I have no

responsibility.

1 Answer from Attorneys

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