Rcr - ground for divorce ?
Anil Sai Kumar
(Querist) 25 March 2014
This query is : Resolved
I have filed for divorce in 2008. The lower court granted Restitution of conjugal rights in favor of my wife on 5th July 2010. I filed an appeal in High Court against that order in November 2010 asking for stay on that order. The stay is not granted.
So my question is can I file for divorce under section 13-1A (ii) on the ground that 1 year is lapsed after passing the restitution of conjugal rights, as the stay is not granted in high court for setting aside the lower court's order for restitution.
They have tried forcefully to drop her at my home in october 2010. We did not allowed that and went to police station on that. My lawyer said that in case she wants to come she can do so by getting an EP from high court, which she did not do till now.
After that there were some mediation done for compromise( settlement by paying amount ) which failed. Later she filed for Maintenence in jan 2013. I have a daughter aged 7 years now. she is asking for Maintenece for both. Recently, I came to know that she is working as a teacher in the school where my daughter is studying.
Please suggest whether I can proceed with filing the new case for divorce ? will there be any difference in case of maintanence and permanent alimony as she is working in a school as teacher . The school is a private school?
ajay sethi
(Expert) 25 March 2014
what happened to your divorce case filed in 2008 ? . what is your income ? what is your wife income? you will have to pay for your child maintenance in any case
Nadeem Qureshi
(Expert) 25 March 2014
contact a lawyer with all documents, it will be better
Rajendra K Goyal
(Expert) 25 March 2014
Reply the questions of the expert ajay sethi ji.
Devajyoti Barman
(Expert) 25 March 2014
If, you could prove her earning of income ; she would not be enttled to maintenance.
V R SHROFF
(Expert) 25 March 2014
Pl reply imp Q "what happened to your divorce case filed in 2008 "as asked by Shri Sethi.
Why second case??
ajay sethi
(Expert) 25 March 2014
querist has not bothered to reply to queries raised , query is resolved
