Wife files for 125 crpc & dv 12(1), 18, 19 & 20 after husband's rcr
DNJ
(Querist) 29 September 2012
This query is : Resolved
Facts of my case:
1) Marriage : 12-Dec-08 (wife's place - Nasik) husband is from Mumbai
2) Wife staying separately since May 2009 after performing Godbharai wife sent to her parent's home.
3) Child (male) born in Aug 2009
4) Stridhan taken back by wife's relatives in Jun 2010. Noted on Stamp paper by husband
5) Husband sends 3 money orders to wife in 3 consecutive months of Rs. 3,000/- in 2011 but rejected by wife without any reason.
6) Legal notice from husband on RCR in March 2012 followed by petition in April 2012 as no response from wife's side for RCR.
7) 2 dates wife doesn't appear in Mumbai Family court in RCR petition.
8) August 2012 Wife files for 125 CrPC in Nasik district court and another for DV u/s 12(1), 18, 19 & 20 against husband and his parents (both parents are unwell).
9) Summons received only for 125 CrPC and not for DV by husband so far.
Queries:
1) Can a decree be obtained on basis of absence in RCR petition by husband exparte?
2) How long does it take to obtain the exparte for RCR?
3) What to do next after RCR?
4) Does husband have to give maintenance u/s 125 to wife despite she desserting husband?
5) Can husband claim child's custody? who is just 3 years old?
6) Can DV case be applied for Quashing even before the summons are receievd by husband?
7) Can husband seek exemption of unwell parents from appearance before Nasik court in DV case if it is admitted by Nasik court? Do the parents have to appear in Nasik court to seek exemption for DV case?
8) What's the basis and quantum of maintenance to be paid in above case as a proportion of husband's salary?
Truly appreciate your feedback on these.
Thanks,
DNJ
ajay sethi
(Expert) 29 September 2012
RCR decree cant force your wife to stay with you .if inspitte of RCR decree she refuses to stay with you then you can file for divorce .
if wife has deserted husbandwithout just cause not necessary to pay her maintenance
custody of child custody is generally given to mother . you can get visitation rights .
no quashing on DV case . you have to contest case on merits . parents need not attend .
quantum of maintenace depends upon husband salary , whether he has dependent parents , whether wife is working or not .her qualifications etc
Guest
(Expert) 30 September 2012
Correctly opined Mr.Sethi.
Devajyoti Barman
(Expert) 30 September 2012
1. Yes
2. Couple of months from the date of fixing ex parte hearing.
3. Press for compliance of decree by attachment of her properties or for divorce after one year from the date of decree on the ground of non compliance of decree.
Raj Kumar Makkad
(Expert) 30 September 2012
1. Yes.
2. Nothing can be opined as it depends upon many facts.
3. File for divorce petition after one year of passing of decree if no restitution of conjugal right takes place in between that period.
4. yes.
5. This is very early stage for that purpose.
6. No
7. They need not appeal even on a single day as their Vakalathnama shall be given to their lawyer and he shall represent them. You all need not appeal their except on dates when your lawyer directs to be there.
8. income and liabilities of both sides are taken into consideration and generally 1/3 of the net income may to to wife for her maintenance, however, it depends upon judge to judge and case to case.
