Pre-litigation Mediation/Restiturion of Conjugal Rights/Divorce on Cruelty
Querist :
Anonymous
(Querist) 07 January 2011
This query is : Resolved
MOST URGENT EXPERT ADVISE IS REQUIRED
Please advise what to do if wife is away at parents house for 9 months and is not agreeing to return withour fulfillment of her undue demands and not ready for divorce also.
1.-Pre-litigation Mediation
(If i go for this and they do not come then will it have any positive impact on
my filing divorce case or not)
What action is expected from them after this ?
What precautions needs to be taken by me ?
2.-RCR (Restitution of Conjugal Rights)
(Will it have any benefit to curtail maintenance claim by her ?)
What action is expected from them after this ?
What precautions needs to be taken by me ?
3.-Divorce on Cruelty.
(She got abortion done without my consent, said that she loves her ex more than me, she slapped me, she braked bottles from the bar etc., stopped preparing food, talking, physical relations a number of times -all this and other incidences are communicated on mail)
What action is expected from them after this ?
What precautions needs to be taken by me ?
NO DOWRY HAS BEEN TAKEN IN ANY FORM AND IT IS GIVEN BY THE GIRL IN AFFIDAVIT
HUSBAND WAS SPENDING ON ALL THE EXPENSES HE HAS ALL THE PROOFS AND SHE WAS HOUSEWIFE
WIFE HAS 20 LAC IN HER DEPOSITS (TAKEN AS LIFE TIME MAINTENANCE/ALIMONY FROM FIRST HUSBAND) AND MONTHLY SALARY OF AROUND 20,000/-
NET TAKE HOME SALRY OF HUSBAND IS AROUND 75,000/- PER MONTH
HUSBAND HAS MADE ALL EFFORTS FOR RE-CONCILATION THROUGH PERSONAL VISIT TO THEIR HOUSE, TALKING TO HER PARENTS,RELATIVES, PHONE,SMS,EMAIL ETC.BUT OF NO USE.
HUSBAND IS READY TO TAKE HER BACK AND READY TO GIVE MANY THINGS IN WRITING FOR FINANCIAL SECURITY ETC.
HUSBAND HAS REQUESTED FOR MEDIATION BUT SHE IS NOT READY FOR THAT AND WANTS ARE UNDUE DEMANDS BE MET FIRST ELSE SHE WILL NEITHER RETURN NOT GIVE DIVORCE.
PLEASE ADVISE WHAT TO DO.
adv. rajeev ( rajoo )
(Expert) 07 January 2011
1. It does not make much difference.
Wife may file a maintenance case.
Filing of RCR wont curtail the rights of the wife to claim the maintenance.
You can file the divorce petition on the ground cruelty with a reasonable grounds.
If wife is earning then she cannot claim maintenance. If she hides it burden lies on you to prove it.
If she is not ready for anything then you have initiate the proceedings. In the matrimonial cases there will be conciliation stage. You can say your greviences before the court at the time of conciliation.
Querist :
Anonymous
(Querist) 07 January 2011
Thank you sir
keeping in view the brief of case what are your suggestions ?
I am proposing for filing application for pre-litigation mediation.
I am wondering why they have not taken any action (may be false) so far despite the fact that she had filed many cases against her first husband and they know each and every law to give problem to husband.
I feel they have no proof of marriage as We got married in the Mandir and certificate is with me and registration has not been done so far.
Someone has informed that photos taken by their photographer got spoiled and they are waiting for any legal actionfrom my side to start their actions.
Please advise.
