Facts Of The Case

War, Picasso

“The worst part of Judicial System is, instead of fighting against injustice, people are fighting for justice” ― P.S. Jagadeesh Kumar

Property Related Facts

The poignancy of being robbed of all of the community, and all of my private property by Judge Edward Davila, his successor Judge Zayner, and his successor Beth McGowen can be understood only thru an understanding of how much property needed to be divided, where it was located, how that property had been acquired and how it was divided by Judge Davila and his colleagues.
  We had a Safe Deposit Box held in Canara Bank, in India that contained all my jewelery inherited from my mother and my grandmother, and that I had purchased before our wedding. The wedding photographs show that I, like any Indian bride of the time, wore layers upon layers of jewelry, all of it 23 carat gold, diamonds, and rubies. Wedding photographs also showed that I, like all Indian brides, was showered with more jewelry as gifts by my family during the wedding festivities. The Asset & Liability forms filed with the Court showed the value of the jewelry in India to be in excess of $200,000 in 2003 or thereabouts. The gold and silver prices have risen ten-folds since 2003, and therefore, an estimated value of this jewelry in 2022 stands in excess of $2 million.

I had purchased more jewelry after my wedding, some in India, which was traditional and heavy, and some in Dubai, which was trendy, and modern. The jewelry I had in India was meant for Indian weddings,. The value of this modern pieces of jewelry are noted as being around $200,000 in 1995 and 1996, in the police reports that were filed in Sydney after it was stolen. Sameer had left for work after I had taken a train to work. He had forgotten to lock the windows. All of the stolen jewelry had been in 16 – 18 carat gold, designed by likes of Cartier etc. That jewelry was separate from what I had inherited or purchased before my wedding, or that which I had purchased later, but had left in India because it could not be worn anywhere except in India. I specifically remember buying a traditional silver piece that was generally worn around the waist over a saree. I had grown up in Agra, and had watched married women wear that heavy, beautiful silver piece around their waist, and had always dreamed of owning one. When I visited Agra, in the Indian state of Uttar Pradesh in 1987, after the birth of my daughter I had bought the piece from a jeweler that my grandfather had frequented and with who we had family ties.  The intricately carved piece over 1.5kg in weight had incurred the envy of my mother in law who had also grown up in Uttar Pradesh, and had always wished she had one like mine.

As to property related fraud, between Sameer and me, we had thirteen real estate properties scattered across India, Australia, and United States. We had had only a handful of bank and brokerage accounts. By 2007, his attorneys had advised him to forge my signatures wherever he could and transfer the properties to his name. They had advised him to covertly liquidate millions of dollars in community assets without my knowledge. He was advised to open over 40 financial accounts and transfer funds and valuables into these newly opened accounts that he held in his name, or jointly with others. None of these 40 bank and brokerage accounts was disclosed either by him, or by his attorneys, or by the CPA Sally White that his attorneys had bribed to prepare fraudulent reports. The accounts that were later discovered consisted of Bank Of America Accounts (***0692; ***5324; ***3324; ***4117;  ***4172; ***1430 , ***4329, ***6317, ***358), Smith Barney Brokerage Accounts (***46047, ****5437, ****00187, ****0692, ****9376, ****5432, ****5719) Ameritrade Brokerage Accounts which Sameer admitted on record of owning, but never provided any details of these accounts, ETrade Brokerage Accounts(****5354, ****3405, ***6705, 2 x Traditional IRA Accounts), Canara Bank Accounts ***1598. Records showed that there were two Canara Bank Accounts, one opened between 2003 – 2007, with funds transfer from the joint account held by us, to accounts held in his sole name. this account also showed funds transfer to his father’s account, and to an unknown account that was probably held by his sister, or his wife). Safe Deposit Boxes in Canara Bank (****128, ****129) which he claimed did not exist, Term Deposit Accounts (US ****02962 , ****13626, ****13623, ***02969), Chase Accounts in US that he testified to owning, but never provided any details, St George Accounts in Australia (****3378, ***6571) which contained the proceeds from sale of the two properties sold in Australia in anticipation of the divorce. In addition to these, Sameer had testified to existence of several accounts in India though he never provided any details, or documents on discovery.

Of these 40 plus accounts, he, his attorneys, and his CPA declared only the following in 2006-2007 : St Georges (****3378, ***6571), Bank of America (****692), Smith Barney (****5719), E*Trade ***9885, Brown ****2794, Charles Schwab ****9009. These were all the accounts that we had held prior to separation. Of these, Schwab, ETrade, and Brown were my accounts that Sally White did not declared in the 40 plus accounts outlined above. She only declared 4 of KHERA’s accounts that has little or no funds in them, and concealed all others that were funded with fraudulent sale of community assets.

If these indeed were his personal accounts, opened with money that he warned after separation, he was then required to pay almost 40% of the amounts in Child and Spousal Support as per the Court orders from Kleinberg and Cox. Instead, Sameer, Sally White, Lewis Becker and Susan Benett declared before Cox, Davila, and DCSS that Sameer was current on support payments. Such declaration, under oath, constitutes perjury, and obstruction of justice, punishable by incarceration. Sameer’s refusal to pay over $1 million in outstanding support was a cognizable felony under 18 USC 228. It wasn’t protected under constitutional protection of first amendment rights, and yet, each of the 14 subsequent judges not only applied Anti SLAPP laws and vexatious litigant laws to conceal the offenses of these defendants, they sanctioned me $350,000 for seeking these monies.

Further, his CPA, Sally White charged me with funds contained in the E*Trade, Brown & CO, and Bank of America Accounts. I don’t have a Bank of America Account, it was always and has remained Sameer’s account which contained community property. The other three accounts are one and the same – Sally White’s computation was an excellent case of triple accounting fraud. I moved to Fresno with $305,000 of community funds from Sameer’s Bank of America Account cashed out thru a check in my name. The check was deposited in my Citibank Account, from where some of the money was transferred to Brown & Co and Charles Schwab Account for stock trading. Brown & Co was later bought over by E*Trade. Everyone was aware of all of this, because all these accounts were in joint names. So by charging each one of the three accounts individually, and also charging me with $305,000, Sally White showed that I had actually moved with over $1 million dollars of community property. Triple Accounting for sure, when actually, Sameer had fraudulently removed $50,000, of the $305,000 from my Brown Co account by impersonating me and ordering a check to his address.

In California, property division is based on the concept of community property. This means that property or income acquired during a marriage or domestic partnership (except for gifts or inheritances) are owned jointly by both spouses and is divided upon divorce, death or annulment. Community Property is everything a both partners together own. This typically includes all money earned, debts incurred and property acquired during the marriage or during domestic partnership including but not limited to Automobiles, Residences, Furniture, Clothing or any valuables, investments, bank accounts and cash, security deposits on real estate, pension plans, 401(k) plans, 529 plans or similar, superannuation plans, stocks, bonds, ESPP and other forms of derivatives, life insurance with cash value, businesses, patents, licenses etc – anything that has value and is acquired during the marriage. If a spouse can provide factual documentary evidence or a witness testimony that the any of the assets are separate property – acquired prior to marriage, a gift or inheritance, or that the couple had a marital agreement agreeing that the property would be solely owned by the challenging spouse – then the Court is required to consider that evidence and award the property to the challenging spouse. 

The Court has two options – it may allow the parties to contest the property division thru a trial, or the parties may go thru a binding arbitration. The disposition of the community estate is subject to revision on appeal [Fam 2555], and if any assets remain undivided, the parties can file a motion to divide the undivided asset and such an undivided asset may not necessarily be equally divided [Fam Fam 2556].

Following a divorce, the court must divide the property between the spouses. Before legislatures equalized property allocation between both spouses, many divorce statutes substantially favored property allocation to the wage-earning spouse. These statutes greatly disadvantaged women disproportionately because during the 18th, 19th, and early-20th centuries, the participation of women in the workplace was much less than it has become during the latter-half of the 20th century and early part of the 21st century. The statutes failed to account for the contributions of the spouse as homemaker and child-raiser.

Modern courts recognize two different types of property during property division proceedings – marital property and separate property. Marital property constitutes any property that the spouses acquire individually or jointly during the course of marriage. Separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. If the separate property-owning spouse trades the property for other property or sells the property, the newly-acquired property or funds in consideration of the sale remain separate property.

Modern division of property statutes strive for an equitable division of the marital assets. An equitable division does not necessarily involve an equal division but rather an allocation that comports with fairness and justice after a consideration of the totality of the circumstances. By dividing the assets equitably, a judge is required to effect the final separation of the parties and to enable both parties to start their post-marital lives with some degree of financial self-sufficiency. While various jurisdictions permit recognition of different factors, most courts at least recognize the following factors: contribution to the accumulation of marital property, the respective parties’ liabilities, whether one spouse received income-producing property while the other did not, the duration of the marriage, the age and health of the respective parties, the earning capacity and employability of the respective parties, the value of each party’s separate property, the pension and retirement rights of each party, whether one party will receive custodial and child support provisions, the respective contributions of the spouses as a homemaker and as a parent, the tax consequences of the allocations, and whether one spouse’s marital misconduct caused the divorce. Most jurisdictions also give the family court judge broad jurisdiction by providing judges with the right to consider any other just and proper factor.

A clear statement in the deed or other documentary evidence of title showing that the property is separate suffices [Fam 2581(a)]. Alternately, where economic circumstances warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper to effect a substantially equal division of the community estate.[Fam 2601]. And if one party commits fraud, the court may award, from a party’s share, the amount the court determines to have been deliberately misappropriated by the party to the exclusion of the interest of the other party in the community estate.[Fam 2602].

Of the thirteen properties we had owned, some of them were my separate properties, some were jointly owned. Judge Cox had already mentioned most of these in his partial settlement order of 2008 and I had not been prepared for Davila to retrospectively “cancel” that order .  I had been taken aback by Davila’s threats and harassments and his refusal to consider these thirteen properties in detail.

I had inherited substantial ancestral land in the tiny picturesque village of Kashmir called Akura. This piece of land, around 10 acres of which I inherited, is still in my grandfather’s name. This is perhaps the only property that escaped the wrath of Davila and Sameer, primarily because Kashmir was in a Civil War, and Sameer could not get his father to agree to forge my grandfather’s signatures to sell any part of the property.

 In 1992, I had been gifted an apartment in Vasant Kunj in New Delhi by my cousin Raj Mongha. Raja Bhaiya, as I called him, had sought my preferences, as to where I wanted it, and had booked it off the development plan in 1983, before I was married to Sameer. The construction of the building was completed in 1992, at which time we were told that it would be held in the name of Mrs Chanda Kaul. Chanda Kaul was Raja Bhaiya’s mother in law. Cracks had begun to appear in our relationship by 1992, and Raja Bhaiya was aware of my innocence and Sameer’s cunning. He wanted to ensure that Sameer should not have the ability to sell it, therefore, he never completed the transfer of the property, nor did he assign any power of attorney to Sameer or to me. The apartment was mine though and I was required to take possession. In 1996 were living in Sydney, and I had separated from Sameer, and lived alone for two years. In retaliation, Sameer made his mother impersonate Mrs Chanda Kaul. His mother forged ms Kaul’s signatures and sold the property.

I returned into the marriage in May 1998 with several conditions which were deal breakers. One of the deal breakers was that the money – Rs 22,00,000, equivalent to $149,000 or so at the time – which had been stashed away in Canara Bank, would be reinvested, and the investment property would be my separate property.  After I separated in 2003, upon the advice of his attorneys, Sameer simply moved all the money into a newly opened account without my knowledge, and it was never reported by his Sally White, the CPA. 

         The second and third properties were two parcels of land in New Delhi, for an amount of Rs 16,00,000 at around Rs 8,00,000 apiece back in 1992 or thereabouts. One of them, 4109, was paid up from the money that I had inherited from my father’s life insurance fund. The second was partly paid by using the funds from gifts that I had received from my family when my daughter Urvashe was born in 1989, and funds that I had received from my grandfather. My grandfather had sold his house in India somewhere in 1986, before moving to live in an apartment that my uncle, his elder son in US, had purchased for him in vasant Kunj, New Delhi, very close to the apartment that that Raja Bhaiya had gifted me. My grandfather had had three children, two sons, and a daughter – my mother. My grandfather divided the funds in three. Since my mother had passed away, one part of those proceeds were given to me. The monies had been locked away as a Term Deposit in State Bank of India, and were later moved to Canara Bank for payment of  DLF 4110. These two parcels of land were worth over $500,000 apiece in 2007. In 2013, I attempted to sell one of them to generate some case to cover my living expenses. I found that the value of these parcels had increased to $1.3 million each by 2013. However, I would soon find that Sameer had got his wife, Snehal Devani, to impersonated me. Together, much before the settlement conference of 2007, the two had travelled to DLF headquarters in New Delhi and had forged my signatures on the sale deed, to transfer 4109 from joint names to Sameer’s name. There was probably a hefty bribe paid to authorities, because the documents were passed with irregularities inherent in those deeds. Sameer had been attempting to have the second parcel of land forged and transferred as well, but had been stalled by the motion for fraud that Hector Moreno filed in 2009, and another one that I filed in Dec 2013. So DLF 4110 had remained in joint names.

In addition to these, we had a parcel of residential land in a small town called Hosur, near Bangalore in India. It had a splendid repayment plan which stated that if we chose to defer the construction of the house on the property, we could expect a substantial ROI, eventually returning much more than the cost of the land over a period of twenty years. The builder would make the payments to us  on annual basis. He planned to plant fruit trees and pine trees, which were expected to return an annual yield and were expected to mature over 20 years at the end of which they could be chopped down and sold for the value of the wood. In the few years after purchase, the ROI on the property would ensure that the parcel would come to us free of cost. It had been a plan difficult to refuse.

All these properties had been purchased when we were in Dubai. We had moved to Sydney in 1995, and had split in 1997.  I lived alone until May 1998. During this period, I had scrimped and saved to buy a three bedroom corner strata house on 1/21 King Street, Paramatta, a suburb of Sydney. I rented it out to pay off most of the house before I actually moved in. I continued to live in a small studio apartment in Paramatta. Sameer, as usual, continued to indiscriminately blow up his money buying gifts for his parents, on expensive hobbies that he could not afford, on multiple trips every year to visit his parents in India. Whatever was left was spent on living the high life – on alcohol, parties, porn, porn-sites, and pornographic materials. During this time, our daughter attended a substandard school in the slums of Strathfield. Sameer refused to share her private school expenses, and I could not do it alone, so I offered to pay 50% of his down payment and a 50% of his monthly mortgage payments if he would move to a good school district where she her education could be better managed. In 1997, while I was still living alone in Paramatta, and paying off my strata house, we had jointly bought a home for $360,000 in 1997, in the beautiful and upmarket suburbs of Wahroonga, near KooRinGai National Park, where the schools were the best in Sydney. 6 Chauvel Close was a feast, a sprawling above average parcel with Camellias and Rhododendrons the size of a dinner plate. I had just bought my own house in Paramatta, and had been making monthly mortgage payments for that. I had also been paying rent on my studio, so, to pay my half of the down payment on the Wahroonga house I had had to max out my credit card. Whereas the Kings Street house was in my name name, the Wahroonga property was in joint names.

Both Australian properties were sold in 2002 in anticipation of divorce, to generate cash for my living expenses, but instead of giving me the money Sameer pocketed the proceeds from the sale of both properties. He, his attorneys, the CPA and Davila now claimed that we never owned any properties in Australia, and that the properties that I was referred to, were a figment of my imagination. They all set out to make me sound crazy. There were, however, emails exchanged between me and Sameer, and the real estate agents in Australia, discussing the sale of properties. Judge Cox, the settlement Judge, had also documented the existence of six properties, including the properties in Australia. I had left home in 2003, and so all documents were left with Sameer. Sameer had refused to provide documents and Davila did not wish to allow a trial, and did not wish to peruse any evidence – like email – that I offered to produce, nor did he agree to give me time to obtain the property documents from Australia. He refused to even look at, let alone, honor Judge Cox’s Additional Orders from 2005 which constituted partial settlement orders.  With one stroke, he “cancelled” all that had been done earlier, even though by law, a Judge has no authority to retrospectively modify prior orders [No retrospective modification can be made to reduce accrued obligations owed [In Re Ross,128 B R 785(Bankr CD Cal 1991)].

Sydney real estate really touched the sky in the past two decades, and coupled with the strong Australian dollar, currently in 2022, the Paramatta Strata House is valued at $700,000, and the Wahroonga House is estimated to have crossed the $4 million mark on realestate.com.au.

 In addition to these two, we had also purchased in 1998 a week during the High Season at the RCI Timeshare in Port Douglas, Australia, which was really an investment property because if we did not use the timeshare, we could sell it for over $1200 per week at the time, to slowly recover our investment of $8000. Now, in 2021 the property rents out at $1000 or more per day of the week. The week is currently valued at over $40,000.

After moving to US in 1995, we had, within the first month,  jointly purchased our family home 1118 Kensington Ave, Sunnyvale, California, for $600,000 or so. It sold for $1.21 million in early 2006, with the sale proceeds of $552,000 that were held in a trust fund until October 2007, when Davila had ordered that all of the funds be released to Sameer, assuring me that he would divide the funds equally in the final settlement. He had been manipulating me. The Sunnyvale House is currently valued at approximately $3 million on Zillow.

In 2006, Sameer had used the stolen community funds to purchase a house in 21947 Oakleaf Ct, Cupertino for $1.87 million cash down, without my knowledge and/or permission. This house was purchased in Sameer Khera’s name, and records show that later, Snehal Devani was added as a co-owner. Records also show that she only paid $129,000 of the total $1.87 million. When questions were raised about the funding of this $1.87 million house, Sameer refinanced it and the cashed out. This cash simply disappeared under the advice of his attorneys and the CPA, Sally White, and was never to be found again.

Around the same time, he used the stolen funds to also pay off the mortgage for his then girlfriend, Snehal Devani’s home in Cupertino. In an exchange of emails that I still possess, I asked him to provide documents from her mortgage company, which he had agreed to provide, stating that her mortgage had been suddenly paid off by her father. Since her father was pretty much a pauper, totally dependent on his children for everyday living, the argument that he had paid off his daughter’s mortgage  needed extra discovery. Neither Davila, nor any of his successors, Zayner, or McGowen, allowed any discovery. Instead, Sameer brandished a check of $600,000 he claimed was paid for by his wife. No bank statement showing a corresponding withdrawal of $600,000 from the account was ever provided. I could write checks for $30 million without ever having them encashed, I had argued in the Court, but Davila was determined that the check represented ample evidence. I wonder why? No discovery was allowed by Davila or his success`sor Zayner acting in collusion with Sameer’s attorneys Susan Benett, and Lewis Becker. This two bedroom house, in Cupertino, was later sold for over a million in 2006, and Sameer claimed that all of it was his wife’s money. His wife earned less than $60,000 per annum, and had two children to support. She received $500 per month in child support. It was clear that she could not afford a mortgage for a house that was in excess of a million dollars. Even we, with our income of $50,000 per annum found it difficult to afford a house in Sunnyvale. Cupertino, one of the most exclusive suburbs after Palo Alto, had been beyond our budget. But as I would discover much later, Davila had been well compensated to remain blind to common sense.

In addition to these, we had, like any other couple, retirement accounts. We had three sets – having lived in India, where both of us had contributed to pension funds and voluntary pension funds, in Australia where we had Superannuation Accounts,  and in US where we had three IRA Accounts, and his 401K accounts. I did not have a 401K Account because having arrived in California in October 1998, with an infant, and then having been forced into having one more child, I had never officially worked in US until I separated. In 2019, I found out that he had forged my signatures and encashed my Pension funds in India. Other Accounts had been emptied during our marriage, when he had needed funds to pay off his debts to his father. He never cashed out on any of his own plans. He always used my money to pay off the debts that he had accumulated prior to our marriage and for our divorce, Sally White concealed all the retirement accounts, most of which had already been zeroised and closed by 2007, except his 401K, which Davila did not allow to be divided. Judge Cox had equally divided these assets in the partial settlement order of 2005, but Davila retrospectively cancelled those orders, and awarded everything to Sameer.

We also had Insurance policies, in fact, several of them. We had two Life Insurance policies from India, with a face value of Rs 1,00,000 that was to mature in 2002 or thereabouts. In addition we had two Life Insurance Policies from American Life Insurance Corporation with a face value of $5000 that was already matured in 2000. We had an Eagle Star policy with face value of over $8000, already matured in 2000. They had not been encashed until 2003. I did receive a partial payment on the Indian Life Insurance policy, but I sent the check back to him because I asked him to pay me the complete amount. None was ever paid. I wasn’t informed when Sameer encashed each of these, even the one’s in my name. The ones in my name could only be encashed by forging my signatures. In 2019, I personally went to the office, where I was informed that there was nothing in my name, ergo everything had been cashed out. Judge Cox had already divided these assets equally, but Davila “cancelled” those orders, and gave everything to Sameer.

Of cars, we had purchased a Honda Camry in 1998 when we moved to US from Australia, and a Chevrolet Suburban, purchased in 2000 after Utsav was born. He had taken the Suburban, and I had taken the Camry, which had later been totalled in that automobile accident that I had had in July 2003. I had received $6000 from the insurance. Regardless of the accident, and even if I were to be charged with the blue book value of Camry as if there had been no accident, it was obvious that the Blue Book Value of Suburban in 2003 was significantly higher than that of the Camry and at the very least, Sameer had been ordered to pay the difference in their Blue Book values by Judge James Cox. Davila ordered me to waive the difference even though Judge Cox’s Partial Settlement Orders from  2005 had ordered equal division of the cars based on blue book value.

Unlike most middle aged couples, because of our high income over past eighteen years, and the money that I had inherited, we hardly had any debts accumulated during our marriage. All the properties, except the Sunnyvale Residence, had been paid off. He had refinanced the Sunnyvale house after I left in 2003, to increase his mortgage payments so he would artificially reduce his support obligations. The community had not benefitted in any way from this additional debt so the Court was required to compute a rental assessment, called Watts Epstein Reimbursements, as per the previous mortgage payments. Judge Cox had ordered the rental assessment that I had completed. Davila forced me to waive the rental that he had to pay me for living at the property from June 2003 – June 2007, an amount approx $2000 per month for four years ie an amount of approx $100,000, while I paid rent in Fresno County while the children lived with me.

In addition to the mortgage debts on the Kensington House, there were monthly charges assessed for maintenance of the two DLF properties in India. One of those maintenance charged had been paid off before we separated, the other one had a debt of a few thousand dollars that continued to accumulate since 2003 when he stopped paying it.  

Sameer had a personal debt that he had incurred before our marriage. He paid the debt off this his father, with excessive interest payments that prevented the debt from every being extinguished. In addition, he loaned huge amounts to his father every year, always using my personal money, that enabled his father to gamble in the in the Indian Stock Market. Every year, his father would lose between Rs 6,00,000 and Rs 7,00,000 or more, to gambling and would return, demanding more, promising to return the loan tha he had previously borrowed. I was repeatedly told that Sameer would pay me off, or his father would refund the money into my account, and I had waited patiently. Every year, Sameer would lend him more of my money, refusing to give him any from any of his accounts.  This annual lump sum was in addition to the monthly amounts we sent to help them meet their daily expenditures that enabled them to live a life of luxury that would not have been able to afford, or the plethora of gifts that they demanded of us. In reality, their lifestyle, with five servants to cater to every whim and fancy, was much, much more luxurious than our lifestyle. 

Likewise, Sameer’s sister demanded tens of thousands every few years, and Sameer paid, even though most times we could not afford those payments. In fact, when his sister birthed her two children, Sameer gifted her Cisco shares. When each of our children were born, I requested that he put away a few of the Cisco shares for their college funds, or pay into a 526 college plan. He had refused to set any aside for his own children, and of course he never paid anything towards their college later until 2019.

Since I did not have any parents, or siblings, there were absolutely no financial obligations or debts  that Sameer and I ever fulfilled towards my family, except those thru which he received a payback that was more than the expense, in some form or other.  For example, I sent a $50 gift for Raja Bhaiya in 1995 thru Sameer. Sameer was to stay at their house for over 30 days to complete a Course on networking before relocating to Australia. Not only did he stay there for free, Raja Bhaiya also gave him his chauffer driven car, which drove Sameer between his training institute and home. Raja Bhaiya himself would take the infamous Mumbai local train or bus for work. Any $50 gift I may have sent for Raja Bhaiya’s wife pales in comparison to how much they spent on Sameer over the years, because they loved me so.

There is no enabling statute in California, and therefore, none of my separate properties could have been legally transferred to Sameer, and hence, Judge Cox had referred the matter to trial in 2005, a trial where the dispute between the separate and community was to be resolved. Davila, of course, having been well compensated, was not the one to be constrained by law. In reckless disregard of the law, he cancelled Cox’s orders retrospectively, and readily transferred all my personal property to Sameer.

In 1996, I had been separated from Sameer and was working as a Director of Strategy and Planning at Energy Australia. During my interview, I had assured the management that I did not intend to have another child and would not seek an extended maternity leave. In 1997, Sameer called me to his house under a pretext, and raped me. I had become pregnant, and was forced by my supervisor, the CIO,  to resign. “We cannot have that position vacant even for a month,” he had said. I had been distraught, but after I was forced back into my marriage, Sameer had sued Energy Australia on my behalf and secured over $100,000 for unlawful dismissal, which had been paid to me in 2001 or thereabouts. As per the law, I was entitled to all of this amount, it constituted my separate property. [Fam 2603].

Thanks to Davila, I did not receive proceeds from any of the retirement plans we had held in three continents whether public or private, including all survivor and death benefits [Fam 2610].

Similarly, Qadrant Int’l, the Qantas Subsidiary where I was worked in 1995-1996, had reimbursed over $75,000 in my Executive MBA education at Australian Graduate Management Institute. It had been a part of my contract, regardless of whether I continued my employment with them or not. This money was awarded to me in 2000 or thereabouts. This too constituted accounts payable from the time I had lived separately from Sameer, and this was, therefore my private property. Davila dismissed all my reimbursement claims, including these.

I was saddled me with all the debts that Sameer and I had shared.  <<<History and details of all the debts that I was saddled with>>>

If this was not enough, Judge Davila attempting to force me to accept less than we had agreed upon.

Income Related Facts

Career Related Facts

Procedural Facts

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