Restitution of conjugal rights
kishor
(Querist) 30 June 2018
This query is : Resolved
i got married on 15/12/2010 and my wife left my home on 31st august 2011 it was only 9 month of marriage period. she sent notice through her lawer to me and threat me demanding money & so many things , i replied through by lawyer & asking her to come back & take all allegation back. then in 2013 she filed domestic violence case on me and started harassing me. after that she filed RESTITUTION OF CONJUGAL RIGHTS (RCR ) case in 2014 .after that i filled divorce case in 2015 divorce case is on HOLD because of this cases is going on in other court. I got judgment from my domestic violence case Year (2013) now in march 2018 that I need to pay 7000 Rent and 50000 one time settlement 5000 Rs Court fees. My wife is Software engineer getting 40000 Rs salary (in hand salary 30150/-) in Mumbai. Restitution case is going on since 2014 her cross one half is done and now giving false medical certificate and avoid to come on date in kalyan district court. after this domestic violence verdict i will get favor in restitution case? or RESTITUTION case is automatically dismiss? She is demanding 30000 per month alimony in RCR case. Last date New Judge is came he asked to her lawyer take Mutual divorce through section 13B ( she is not attending case giving false medical reason) , i am not sure she will agree for mutual divorce. what is the solution, She is working and getting 5lakh annual income. i dont want to stay together with her i want divorce ASAP.
Many Thanks for your advice
Guest
(Expert) 30 June 2018
When you replied to your wife notice through lawyer, what was the reply of your wife?
When you are calling her back to live with you, she can not counter call you to live with her.
You should have informed the same to court that you sent lawyer notice asking wife to come back, that itself is notice of restitution of conjugal rights.
The same should have been initiated through court by you filing the restitution of conjugal rights. That case would have been decided in 1 years time and you would have gotten easy divorce in the next 2 years.
Even now when your wife filed for restitution of conjugal rights in 2014 what happened to that case? Was RCR decree allowed in your favor or her favor? You need to explain.
As your wife filed restitution of conjugal rights case on you, you will get easy divorce no matter you pay alimony or there is any other criminal case pending on your name.
The judge who suggested to take mutual divorce is a crook. So is the lawyer.
Your lawyer is cheating you by not doing proper work. By this time you could have as well remarried with fresh girl.
Regarding alimony you need to prove that she is capable of earning, she wont get alimony more than 6 months from you even if it is 1 lakh per month. So first change your advocate. Your life spoilt by your own advocate and not because of your wife.
Mohd Musabbir Ansari
(Expert) 01 July 2018
Dear Kishore
In Restitution of Conjugal Right case, your wife is not entitled to any kind of maintenance/alimony. In this case, Court has no power to pass any order with regard to alimony. This case does not get dismiss automatically.
P. Venu
(Expert) 01 July 2018
No meaningful suggestion is possible unless the decision in the DV case is perused.
Guest
(Expert) 01 July 2018
The Comments On Honorable Judges should not be allowed here.
Guest
(Expert) 01 July 2018
Refer the Post of Ramoji Kumar alias Dhingra. This could be confirmed by visiting and comparing both the Profiles which are same with out address and contact details obviously Anonymous
Guest
(Expert) 01 July 2018
Legally the Inherent Powers of Courts can not be questioned or commented.
Guest
(Expert) 01 July 2018
Commenting on Honorable Judges (Refer the Post of Ramoji Kumar alias Dhingra ) is an offence .
Guest
(Expert) 01 July 2018
Person who is agreeing it also would be an Offender
Guest
(Expert) 01 July 2018
Appeal would be the Remedy for any Court's decision or Orders.
kishor
(Querist) 02 July 2018
Respected Sir,
Please check following points.
1 ) in her reply to our notice that - her lawyer asked us that give us in writing that you are taking her to your home both the parties giving in writing or els we will go to civil & criminal court.
2) RCR case is still going on she is giving excuses of bad health and not coming for her CROSS , half of cross done (3 times happens already ) now new judge came he asked her lawyer that take mutual divorce by submitting form 13B. but there is no chances of mutual divorce.
Thanks & Regards
Kishor
kishor
(Querist) 02 July 2018
Many thanks all experts means a lot of your opinion i got trapped in this case.
P. Venu
(Expert) 05 July 2018
Ms.Usha Kapoor:
Kindly spare us from valueless postings!
