Information on divorce case.
jishkumar
(Querist) 24 October 2012
This query is : Resolved
Please answer my query :
I had put a case for divorce in 2006 and therefore then I had 3 cases going on, Petition A, petition E and 1 for RD. the case was going on till 2010 and interim maintenance was also started to 1500. and then we both decided to stay together in my house. Plz note, she is staying in her maternal house since 2006. I was whenever i used to get time meet my child which was with her. In 2010 i askd her to come back and she agreed in the court also, but she didnt came back. ANd this is not know to court as I am not attending the court and it so happened that the case is showing as disposed from june 2011. I askd my wife to come back and she is not ready to come back, therfore I am not able to understand as to what to do now. Earlier I wanted divorce and she didnot wanted and now she says she wants divorce but asking for money which is way beyond thoughts. AS earlier she was not ready to gove divorce, I was not regular in attending court as I was going out of town in search of proper job.and now she says to relieve her but enormous amount of money. So i am stuck here.she says she will put up the case for increasing maintenance. But the case is disposed.so since jue 2011 there is no court proceedings and I have given her complete maintenance till may 2013.
PLEASE guide me. as my parents also are in depression and they are worried about my future.
Devajyoti Barman
(Expert) 24 October 2012
You were quite negligent not to follow your case up properly. SO whatever happens you are to be blamed for.
Your wife has got every right to pray for increase of maintenance amount as Rs 1500/- too paltry for any standard person.
If you want divorce then file a new suit on new cause of action.
ajay sethi
(Expert) 24 October 2012
what is your salary? i agree 1500 is a paltry amount these days difficult to survive . wife is entitled to ask for increase in maintenance
jishkumar
(Querist) 25 October 2012
Now the status of the case shows as disposed. And wife says she will ask for increase in maint. Will the same case reopen or will it be a new case. And now can I ask for Section 9 RCR as now I want her to come back, as I know she will not come back home. And if she doesnt come back then will the court give divorce on basis of this.Kndly give your opinion.
jishkumar
(Querist) 25 October 2012
can I say in the court that I want her to come back home, so question of maintenance doesn't arise as I can take care of everything if she comes back to home.
Devajyoti Barman
(Expert) 25 October 2012
No, your mere offer to bring her back is not sufficient to avoid maintenance.
For the sake of the child try to reconcile.
Else go for divorce.
ajay sethi
(Expert) 25 October 2012
if your wife dosent want to come back then divorc by mutual consent is best option .if wife wilfully deserts her husband she wont be entilted to maintenance
Raj Kumar Makkad
(Expert) 02 November 2012
I think all aspects of the case have already been discussed and nothing remains to be added.
