Divorce case
friend
(Querist) 31 March 2014
This query is : Resolved
Sir,
my wife has filed for divorce under sec 13(1)(1a)&(1b)of hma.it was referred for mediation but failed.
the court notice is like this.
it states
1)we were married as per hindu rituals in 2011 and stayed in my house for 2 months.
2)she has a masters in commerce.
3)her parents have given gold cash silver etc as dowry to me.
4)after returning from honeymoon i was not a normal man and was doubting and suspicion my wife and harassing her.
8)when she got calls on her mobile i used to tell her to talk in front of me and doubt and beat her.
9)my mother use to treat her as a maid servant.
10)i used to sleep late and not allow her to sleep,and when she was getting headache in the morning i told to take poison /commit suicide. causing mental torture.
11)they came to my house ,at that time i asked for dowry,beat her in front of them and told them to throw her in sea.
12)it my duty to maintain her and pay 10000/-.
13)while leaving she has left all her belongings in my house.
14)i treated her with cruelty,doubt,suspicion, demanding dowry,mental torture.
15) her parents do not wish to take the matter to police station.
before this case she issued me a lawyer notice with the same contents,& i replied denying these and asking her to come back.
we have lived separately since 2011.
i have to file objections in april.
all her claims are fake and she has no evidence except her own statements.
i want to file rcr in my place.
what should me my course of action for each of the points above.
kindly help me in this.
ajay sethi
(Expert) 31 March 2014
contact a local lawyer . you have to prepare written statement and file it in court
friend
(Querist) 31 March 2014
sir,
thanks for the reply. i have hired a lawyer.could you please elaborate on the points above as what should be my reply.given the fact that she has no evidence what are the chances of me winning/losing this case,& its effect on me and my job since i am government employee.
Devajyoti Barman
(Expert) 31 March 2014
Drafting the job of your conducting lawyer. However you can take help of experts here on payment of their professional charges.
friend
(Querist) 31 March 2014
sir, would filing of rcr be of any use in this case especially in terms of maintenance and alimony if rcr is in my favor.
Rajendra K Goyal
(Expert) 01 April 2014
You can file RCR. It is doubtful it would be of much use. better oppose her divorce case.
Nadeem Qureshi
(Expert) 01 April 2014
if you are not satiafied with your advocate then engage another one, or contact another lawyer for advise and drafting.
T. Kalaiselvan, Advocate
(Expert) 01 April 2014
Do not ever think that you can avoid paying her maintenance amount if you file RCR, it is a wrong idea and sheer misguidance. If your intentions are to take er back, deny all her allegations in the counter to her petitions and make a counter claim for RCR in the same counter by paying appropriate fees for the purpose.
