13 B status
sandykrish
(Querist) 18 May 2014
This query is : Resolved
Respected Ld members,
I am from Bangalore had a family dispute and wife left me in Dec 2012. Post this many legal and social meeting took place with vain. Wife with extra marital affair proof established via private detectives with
photos and videos of her illegal character, she claims that as brotherly act.
Even before establishing the evidences of chasity had applied for RCR, because I wanted to give her a chance to correct her self and resume the conjugal relationship. During the court mediation she said she is not interested in any sort of relationship with me and my family and need a divorce with huge alimony. After careful negotiation we have agreed to file 13b under HMA now the date is June 6 2014 for hearing or second motion. My senior advocate suggested me and filed a memo with the court where RCR is on stating that we have applied for 13b and we will withdraw the case once the divorce is granted, the family judge accepted and given the date on 21 june to update.
In the meanehile apparently my friend is a colleague of my wife is in touch with me frequently upadted me her relationship with her boy friend has worsened and they are about to end their relationship the reason being even he is not happy with her chasity. I have decided not to continue in case if she comes to me for any reason, our family and myself being humiliated to that level because of ill character.
My questions;
1. If she comes to court and tells the judge that she wants to continue with me, what should I have to legally rebut
2. I know the come back and living with me is only one more drama, considering this is it better to advice the other court that that I would like to withdraw of RCR petition citing all the drama of her asking alimony and filing 13b under and telling that she wants to come back. Even If I withdraw the RCR can I use her 13 b first motion petition as evidence of her mental cruelty
How solid will my case be represented in case if I file for contested divorce?
Or do I have to contest my RCR and win the case and file for divorce?
Expert practical opinions needed from all the experts in this forum
Devajyoti Barman
(Expert) 18 May 2014
1, It is your choice No legal issue is involved herein.
2.No 13B once dismissed is of no use.
First try mcd.
P. Venu
(Expert) 19 May 2014
You may have to move a fresh action if you are in a position to prove her alleged acts of immorality.
Dr J C Vashista
(Expert) 19 May 2014
If she comes to court and tells that she wants to continue with you, your case under section 13 B will be dismissed.
2. When you know the come back and living with you is only one more drama, why do you allow her to come and rejoin. It canot be unilateral
You should withdraw of RCR petition and file a fresh suit for divorce for desertion, cruelity and chastity, prove it and get the divorce decree.
2. When you know the come back and living with you is only one more drama,why do you allow? Just withdraw RCR petition and file divorce petition on the grounds of desertion, chastity and cruelity where ist motion under Section 13 B HMA shall help you in getting decree.
How solid will my case be represented in case if I file for contested divorce?
It is a vague query but the only option.
Do not continue RCR and file for divorce.
Engage a local expert lawyer in your own interest and benefit.
V R SHROFF
(Expert) 19 May 2014
WAIT TILL 13B SECOND MOTION :
or Lok Adalat; if so;
Offer DD; on filing Aff, approving 13b.
So u get Divorced.
IF NOT :
File Divorce Petition on those ground of her character etc, supporting 13B , and provide evidence to win Div case.
Rajendra K Goyal
(Expert) 19 May 2014
If she refuse for MCD and ask that she want to continue and you do not want to accept, better withdraw the RCR and file divorce case.
Sankaranarayanan
(Expert) 19 May 2014
No more details need to furnish. Already filled the room
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
Since the experts have advised you on a right track, I dont want to take your time by repeating it, however,in the event of she withdrawing her consent in the MCD on 2nd motion, you may immediately advance your RCR hearing and file a memo withdrawing the same while simultaneously file another petition for divorce under cruelty and adultery.
