Need help
Grover
(Querist) 13 April 2013
This query is : Resolved
Hi All,
My Case is going on in the court more than 6 months.My Wife has filed DVC against me, then their was a Mediation happened for which I did not go deliberately as per my lawyer and also I do not need her.So Mediation has got failed few days back
Now, few days back I received another notice from Court regarding "restitution of conjugal rights". I have been some of te websites it says wife can stay with me. So,does it mean Court won`t listen to Me at All.She herself left House.
How can we prevent this? Can their is any law/judgement made on this type of case, if so please let me know.
I`m Looking for Divorce.
adv. rajeev ( rajoo )
(Expert) 13 April 2013
Appear in the case and contest it. Court will hear you also.
Raj Kumar Makkad
(Expert) 13 April 2013
Your wife has right to either reside with you or you shall have to provide her a house to live in on rent.
Devajyoti Barman
(Expert) 14 April 2013
If you do not want to stay with her then appear in the suit and file your version in writing.
The court would not force you to reside with her.
Grover
(Querist) 16 April 2013
Hi Sir,
Yes this is been mentioned in the suit, however it is mentioned on the suit which my lawyer has given to their lawyer. Not to the Court.When I spoke to my lawyer about this he says first he has disposed my maintenance and already she left home this is given in the counter.
For second as said by Devajyoti, it is also given in the counter suit but to their lawyer,however my lawyer says when arguments happen then he`ll show this,if at all he says this in the suit to the court,their is a chance opponent might get ready with their circumstances.
Is it right?
V R SHROFF
(Expert) 16 April 2013
""however my lawyer says when arguments happen then he`ll show this""
Remember:
ARGUMENT CANNOT TRAVEL BEYOND EVIDENCE
Your Advocate cannot show any Documents during Argument which was not produced in Evidence/ off the record of the Court.
ajay sethi
(Expert) 16 April 2013
if your wife has left you on her own accord why has she filed for RCR . she must be knowing that you want a divorce and will refuse to stay with her . she may agree to divorce but on her terms . she is being well advised by her lawyer .
Grover
(Querist) 16 April 2013
Hi Shroff,
Yes it is on-record,and it`ll be shown to court during argument.
Hi Ajay Sethi,
I agree with you and can you advise me what are the things I can make my grounds strong.
Grover
(Querist) 17 April 2013
Hi Advise on my above comments
"I agree with you and can you advise me what are the things I can make my grounds strong".
Grover
(Querist) 21 April 2013
As Mention in the suit of "restitution of conjugal rights" from court she has mentioned she is working and also in the DV Act she has mentioned too she is working.
As per the Law if Wife is working then I`m not supposed to pay her and she will not be given maintenance i.e. maintenance is disposed, then why I`m supposed to pay to her maintenance.
She too herself knows I am having loans, I need to see my old parents.Then how can I pay her?
Can you all of you give me some insight on above two points and also let me know what are the things I can make my grounds strong.
prabhakar singh
(Expert) 21 April 2013
Hi Sir! then Hi Shroff! then Hi Ajay Sethi! Can you all give some insight.
ajay sethi
(Expert) 21 April 2013
you have not mentioned how much you are earning and what is your wife income . your wife has filed RCR . in other words she wants to stay with you as your wife . if she stays with you then she wont get any maintenance .
if you dont want your wife to stay with you and she is well qualified and earning decent amount then also you may not be liable to pay her maintenance .
in DV case make an application calling upon your wife to produce her IT returns . file detailed reply in DV case .
you have engaged a lawyer . he will do the needful .
Grover
(Querist) 06 July 2013
Sorry for late responding I did not check my queries.In Suit of my wife which was written by her lawyer it is mentioned she is working with 5000 INR. When I did a check from my side with bank authorities she is getting 9,973 INR and sometimes she gets 11,000 INR.
Where as I`m paying monthly loan of 21,286 of 2 loans, one loan I have taken during marriage in which she (wife) and her parents knew about this and other loan as personal situations.
I also want to know if wife is earning irrespective of Private/Government Sector I know Maintanence is dismissed, please correct me If I`m wrong.
However she (wife) is PG and at the time of marriage I already said I`m B.Com. So she is more qualified than me and she will definitely get better job than me because she is PG.
Any answers/queries can advice me.
