shriks........... (healyhcare) 17 June 2013
1.husband files divorce....wife replies with rcr in same jurisdiction but diffrent courts(div..in district court / rcr in fly.court)
2. husband replies to rcr of wife i fly court saying ready for cohabitation but its the wife who deserted and inflicted mental cruelties.
3.question here:- if she files 24hma and i hold divorce stating ready for co hab , do i need to pay maintenance whether interim or final????
Hemang (Advocate) 17 June 2013
There is no escape. Start or continue to pay maintenance, which is only and only a better course that should be adopted "forthwith".
Adv Archana Deshmukh (Practicing Advocate) 17 June 2013
If you say that you are ready to cohabit in s. 24 petition and your wife has already filed RCR, than the court will ask you to take her home...!!!!
Saying ready to cohabit cannot be an escape mechanism for paying maintainance.
Prashant Ghai (Advocate) (PrashantGhai.com) 17 June 2013
Proove in court that she is her one who deserted you without sufficient cause. It'll be your best approach IMO.
shriks........... (healyhcare) 18 June 2013
1.i am ready to take her home but she doesnot wanna come at my ancestaral house whereas she barged into a flat (registered now in my mothers name)
and waanna stay there as its close to my in laws place which i dont want.
2.i told the court that right now at this moment i am taking her home, suddenly her lawyer started putting cnditions and myself along with magistrate started laughing.
3.she is more interested in capturing the flat , wants divorce but also a huge alimony in MCD , rcr is just to prolong my divorce proceedings which has backfired on her as i dont mind taking her back,,,
Shantanu Wavhal (Worker) 18 June 2013
sec. 24 is just interium maintenance till the disposal of the case.
u have to pay it & its not a big issue (FROM THE LEGAL PERSPECTIVE)
| Originally posted by : shriks | ||
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1.i am ready to take her home but she doesnot wanna come at my ancestaral house whereas she barged into a flat (registered now in my mothers name) and waanna stay there as its close to my in laws place which i dont want. 2.i told the court that right now at this moment i am taking her home, suddenly her lawyer started putting cnditions and myself along with magistrate started laughing. 3.she is more interested in capturing the flat , wants divorce but also a huge alimony in MCD , rcr is just to prolong my divorce proceedings which has backfired on her as i dont mind taking her back,,, |
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Just play the game.
Let her come to wherever you want to live. She cannot force you to go for a flat or a Tajmahal.
If she does not agree to join you at the place where you are capable of providing accomodation along with you to her, then no maintenance for such wife. As such an act becomes an act of deserting husband.
shriks........... (healyhcare) 19 June 2013
thanks experts for the replies,
just few clarifications
1. she filed 125crpc along with sec9rcr, i agreed for co hab, now she not willing to leave my mothers flat which was on my name, i gifted to mom paying full required stamp duty.
2. 125 at cross exam stage , divorce filed by me at judgement stage which im sure would be protested by her, i dont care i get divorce or no and dont mind if she co habitates,
3. point is they as usual are after money, was a planned love cum extortion marraige as they filed cases and demanding huge lump sum.
4.have a 2yr kid , i would have to pay child maint thats for sure but grossly on what basis is it calculated???
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