Conjugal rights and family problems.

sumit (Querist) 07 February 2015 This query is : Resolved
Respected sir,
I need your suggestions please....

My marriage was held on 2010 at kolkata & my working place is haryana. I have a son 2.5 years old.

I filled sec 9 rcr on 2012.Wife reply with sec 24. I filled sec 26 for child visitations. Sec 24 result come Rs.8000 per month ( Rs.5000 for wife+ Rs.3000 for child).Sec 26 order in favour me but wife never followed this Order. Court reconciliation failed, wife says,husbent not willing to take responsibility.
I submitted all my evidences, which was granted in court, also continuing maintenance money to her.
In argument stage, i appear so many times but due to slow processing & her lawyer absences .......i lost my hope.
My wife also not having any intention to cope up.She also never allow me to see my son.Now she is join college without inform me and enjoying her life as a unmarried woman.

So, i lost my hope and discontinued my sec 9 on sept 2014 But till date, i am giving maintenance Rs.3000 for my son.

I have all these money order recipes.

Now, my wife filled sec 125 with so many false aligation. She states that i never paid any maintenance at any time.

It is very difficult for me to fight sec 125 in every month at kolkata.

My current salary is 23k and my parents are fully dependent on me.

1. What should i do now?
2. If i not face sec 125, then what willbe the effects and when it will execute?
3.On which basis judgement willbe passed?
4.Should i move for divorse?
5.How could i restrict to trasfar my divorse case?

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Devajyoti Barman (Expert) 08 February 2015
1. You must fight the 125 crpc case. I wonder what prompted you think that you have to be present on every date of hearing. As far as courts in Kolkata or in WB is concerned we hardly ask presence of clients if they are outstation based.
2. The court pass order based on statements of your wife. Thereafter if you fail to comply the order then W/A would be issued against you.
3.On prima facie satisfaction on quantum of your earnings.
4. Filing for divorce is your choice wh9ch has no connection with amount of maintenance. Divorced wife is entitled to maintenance as well.
5. Query is not clear. You can file the case in Kolkata where the courts are more liberal as far dispensing with personal attendance of parties are concerned.

Dr J C Vashista (Expert) 08 February 2015
Very well explained and advised by expert Mr. Devajyoti Barman, I agree and appreciate.
You need not be present on every date but will have to pay maintenance, if not appealed/challenged for quantum, however, they (your wife and child) are entitled.
Move the court for divorce, RCR decree has no teeth but just an evidence to prove her desertion, a ground for divorce.
If you are dissatisfied with the services of your lawyer, you may replace after contacting and engaging Mr. Devajyoti Barman, an expert on the subject matter, practicing in Kolkata especially Calcutta High Court.