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sumit rohilla
33 posts

sumit rohilla
@sumitrohilla09
Lawyer
New Delhi, India Katılım Haziran 2020
231 Takip Edilen17 Takipçiler
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Negotiation in divorce cases. Alimony Versus child support.
Matrimonial disputes can get very ugly for a husband.
However, they are far worse for a husband who is also a father.
Let's say that your matrimonial disputes are coming to an end.
You had a long and uphill battle of defending yourself in false cases.
You also mounted your own offensive, filing civil and criminal cases against your wife and her family.
You have finally compelled your wife to come to the negotiation table.
Even in these final stages, if you are not careful, you will become a victim of manipulations of your wife, her lawyer, and the legal system.
Mr. A, who is a husband and a father, followed our strategies and after 1 year of court disputes was finally able to get his abusive wife to the negotiation table.
When the terms and conditions were finalised in mediation, Mr. A called and informed us that he was happy with the outcome.
Rs. 12 lakhs fixed, to be paid for wife and child, and written assurance that no future claims will be made against Mr. A.
All was well. Except one issue.
The amount of Rs. 12 lakhs was divided into two components.
Rs. 4 lakhs towards child support.
Rs. 8 towards alimony.
When we heard this, we immediately informed Mr. A that he is being manipulated.
We explained that in India, even if the parties sign contracts, or agreements, courts of law are happy to bypass them on a lot of occasions.
In this particular case, the wife intended to convince Mr. A to take back the civil and criminal cases he had filed against her and her family, by signing on this compromise.
She also wanted a quick divorce so that she could marry her boyfriend.
After 6 to 18 months of divorce, the mother could easily again approach the courts and say that an amount of Rs. 4 lakhs is a very small sum of money to sustain the daughter.
Since the rest of the money was attributed towards alimony, Mr. A would not be able to say that this amount could go towards the child's welfare.
By this point, Mr. A had fought enough. He just wanted to take the good offer of having to pay only Rs. 12 lakhs, and he wanted to go back home.
He kept arguing with us.
"The mediator is also saying wife cannot make future claims".
We showed Mr. A judgments where this exact situation happened. We also cautioned him not to fall prey to the manipulations of the mediator.
"The wife is saying she wants a total of Rs. 20 lakhs if we want Rs. 12 lakhs to go towards only child support."
We told Mr. A to say that the wife does not deserve a single rupee as alimony since she earns a good salary already, and if she does not agree, we can all go back to fighting in court.
Ultimately, Mr. A relented, and proceeded to re-negotiate.
The mediation almost failed.
The wife kept threatening.
The session was then adjourned.
In the next session, finally, now the wife relented, and agreed.
Rs. 2 lakhs towards alimony.
Rs. 10 lakhs towards child support.
With this arrangement, Mr. A could rest assured, that at least for 5 to 7 years, he will not face child support proceedings.
This is just one example of how husbands are easily manipulated in negotiation proceedings.
And that is why you must never let your guard down, even if things are almost about to wrap up.

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Two things I learned from Nani Palkhivala
1) 1982. I had just joined the Bar. I purchased a book by Nani Palkhivala, titled "We the People". I could not understand the book. But I noticed that the flow of English in the book was marvellous. I learned about need of mastering English for success in Legal Profession.
2) Somewhere around 1995. I heard in the library that Nani Palkhivala had come to argue a case in the First Court. Everyone was rushing to see him. I too went and squeezed myself in the crowded courtroom. I saw his glimpses for only a few seconds. I saw his humility while making arguments.
The word humility is not equal to meekness. Humility is a majestic word. I saw this majestic humility in Nani Palkhivala.
Disclaimer : When I say "I learned", I mean to say that 'I observed'. I could never imitate his masterful English nor I could imitate his majestic humility. And to this extent, I learned nothing from him though at that time I was young and I had time to learn these two virtues.
Even today, after so many years, I am still the same way the way I was born. We can observe good things in others but we cannot learn from them unless our DNA permits us to learn.
(copyright) Haresh Raichura 22nd February 2024
Image credits Google Search and Facebook.
#lawyers #lawstudents #interns

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On May 1, the Supreme Court recalled its own decision on default bail in #RituChhabaria.
@ppratishruti examines the history and implications of the 'questionable' order, criticising the choice to make the right to default bail subservient to 'investigative difficulties'.

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@myogiadityanath @Uppolice @MyBarHQ @dgpup @CMOfficeUP @jagograhakjago @nch1915
Physically assaulted & phone snatched. Forced to pay the charge in spite of many polite NOs. Complained registered in the consumer helpline with docket no. 4448964.
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Is POCSO out of sync with the realities of consensual adolescent relationships?
In this context, Swagata Raha & Shruthi Ramakrishnan examine how POCSO adversely impacts a minor's best interests.
@enfoldindia @the_hindu
thehindu.com/opinion/op-ed/…

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Kindly take strict action against them as they are charging consumers service tax illegally service tax and unethically through such threats. @MyBarHQ @DelhiPolice @jagograhakjago @PiyushGoyalOffc @ConsumerReports @PIB_India @LocalCircles @consumerforum_ @consumercourtin
New Delhi, India 🇮🇳 English

Researchers find evidence for Solomon’s Paradox: people’s tendency to reason more wisely about others’ problems than their own. But they also found an easy way to reverse it. Check out this fascinating psychology experiment. @UWaterloo @psywisdom tinyurl.com/ya2klngn
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"The responsibility of safeguarding the info or data obtained from an accused which could impinge on the his/her privacy will always be that of the investigating officer. If it is leaked,he should be proceeded against": Karnataka HC
#click=https://t.co/8blHzwFoMI" target="_blank" rel="nofollow noopener">livelaw.in/news-updates/a… #click=https://t.co/8blHzwFoMI" target="_blank" rel="nofollow noopener">livelaw.in/news-updates/a…
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How Dalits has been persecuted in the villages, thereby it also shows how general category candidate is oppressed due to reservation system. Close nexus between politician and police. How these sadhus are playing with mind. #watchaashram #goldenwhaleintheoceanofcorruption
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