Divorce to filed by me or not..????????/
aman rajput
(Querist) 10 May 2013
This query is : Resolved
Dear Ld. Friends Its been almost 2.5 yrs my wife left me with my daughter on 07.09.2010 when my daughter was only 3.5 years old .
After 6 months of leaving me I got served her summon on March 2011 under Section 9 Of HMA RCR to call and join back her matrimonial home in return of which she filed false complaint against me in women cell on 16.08.11 i.e. almost after 1 years of leaving me & which further got converted into FIR under Sec. 498a on 14.03.12 after unsuccessful mediation between us in the women cell .
On September 2011 I filed another petition for Custody of my daughter under Guardianship ACT. and later on she also filed false DV and Crpc 125 case against me on September 2012.
Now I came to know from my sources that she is now been thinking and preparing for to file divorce from me on cruelty basis. Now even I m also thinking over to divorce her due to filing of false cases against me.
So viewing the above said My Questions are as under :
1.Will it be worth at this stage to withdraw my Sec.9 case and go ahead to file for Divorce against her on cruelty basis of filing false cases against me???????? or should I wait for her to firstly file the divorce case on cruelty basis against me...????????????? Which action would be more in favour of me...????
2. Viewing the above mentioned dates whats the status of my case in my favour ...????
Pls help me out for the abovesaid
Regards :Aman
ajay sethi
(Expert) 11 May 2013
best oprion is to contact her and file case for divorce by mutual consent . with draw cases filed by both the parties .
you have not mentioned whether you want your wife back or not . if you want her back continue with RCR case . if she refuses to come back it may help you in your maintenance case .
if you dont want your wife back then with draw RCR and file for divorce on grounds of cruelty
Adv. Chandrasekhar
(Expert) 11 May 2013
Talk to her and convince her for mutual consent divorce and file such petition resolving all the issues - permanent alimony, child custody and withdrawal of all cases filed against you. If it does not materialize, wait for her to file divorce case and till that time pursue your RCR case. Once she files divorce case counter the allegations but seek the same remedy of divorce and after that withdraw RCR case.
Raj Kumar Makkad
(Expert) 12 May 2013
Filing MCD is the best option in the given facts as the same shall end your entire cases and life shall come on right track.
