Urgent advise
Querist :
Anonymous
(Querist) 06 January 2011
This query is : Resolved
Due to wife attitute after 2 months of my marriege I was seperaed my parents and residing seperately with my wife. but after three months she again left my independent house. Since March 2010, she residing with her parents or ex-boy friend, I file RCE in April 2010 then she file the case crpe 125 & crpc 12, & 18 to 22 sections after one month i.e. May2010, after so many conversation she is not ready to came back. Even her father also demanding one time huge money for settlement.
Hence I need urgent advise on the following :-
1] Get i any benefit if i file RCR first.
2] Since begening As she is residing with her paretns or ex-boy friend since last 9 months Can she still filed 498a if yes whom family members could be covered & on which ground.
3] If i get decree on RCR then what is the benefit of it
4] Can i file divorce as i was married in
May 2009.
5] It is possible if i want to transfer of our case from my wift's city becoz her fatehr & her friend tried to stop us to attend the court hearings.
6] Still we are try our best to resolve this problem but she & her father demanding a huge amount in one time. I could like to know it is possible according to low or it is advisable that can be paid total amount at the time of compromoise & divorce file.
7] Girl's father is adament that we have to pay all the amount first or kept full amount with medeator ( The medeator is girl side) then compromise will be done, It is advisable to us or not.
8] If we paid full amount in advance. and we file divorce on mutual consent and then after getting amount if she refuse to attending the final divorce date or not sign on final divorce after six months.
If yes KINDLY ADVISE US WHAT STEPS COULD BE TAKEN BEFORE GIVING A SETTLEMENT AMOUNT TO GIRST OR HER FATHER.
9] IN THIS POSITION CAN V GO FOR SETTLEMENT OR NOT. KINDLY ADVISE US IN DETAILS SO THAT WE CAN MOVE ACCORDINGLY TO YOUR GUIDELINES.
THANKING YOU
Amit Minocha
(Expert) 06 January 2011
all family members can be taken under 498 A
how would you prove her residing seperate is to be seen? Check her address from various cases against you and date of throwing out of the matrimonial home.
If you have already filed RCR and the same is pending you cannot simultaneosly file divorce. However, you have to first withdraw the RCR or amend the same to divorce petition.
For transfer you have to apply to Hon'ble Supreme Court only.
You can always negotiate on the amount according to your capacity , law doesnot impose any computed sum upon you.
Ask family court to transfer your case to Court appointed Mediator u/s 89 CPC, the amount should only be paid after compromise is arrived by a legally appointed Mediator and that too as per the withdrawal of cases and stmnt in mutual divorce. No one time payment of entire amt is suggested. As to what your inlaws are asking for fll amt. as advance it is very risky and incase they back out after payment you would be no where. Incase you need any help / assistance yo can mail me at amitminocha@yahoo.com.
