Vikram (SE) 12 January 2012

Rcr(husband) vs divorce(wife)

I did file Restitution of conjugal rights in the year August 2009 as my wife's parents took her back as there intention was to take me at their side and leave along with them leaving my old parents and brothers who are totally dependant on me as i am their elder son. From that day she didbn't returned back. During our re-concoliation meetings in the family once he agreed to come back and stay and after a month time , i have been rceieved reconciliation order as no settlement is possible and to continue with further proceedings. During then next hearing she made lot of allegations and filed divorce and maintenance of 25000 per month and a permanet alimony of 1 crore. As they published my salary certificate as i am a software engineer and i did n't show deductions then interim maintenance of 20,000 per month was ordered y family court and within a month during i was struggling in high court to with writ petition for interim maintenance orders for 1.5 months i didn't attend family court. So ex-party decree for divorce hapenned without proper cross examintaion.

So i now being filed a appeal with the high court , can i show the deductions now and what will be the faith of this case as there was no fault from my side and as they are behind money not leading a happy life as i been the software engineer. Also recently a police complaint has been filed in her name and entire family for dowry harassment and mental torture to her brother's wife which was published in tv shows also.

Will this any way help me and how can i ask this infomration to the relavent police station i am unaware?

Can any one please answer, what will be my faith and this case's faith.

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11 Replies

Vikram (SE) 12 January 2012

can anyone please reply?

ajay sethi (lawyer) 12 January 2012

you have been throughly negligent . you ought to have produced your salary certificate , mentoned you have dependent parents and you are the only bread earner in the family .

similarly in divorce case you have have gone in for divorce by mutual consent . settled terms . however you allowed exparte divorce to happen .

we do not know how much you are earning per month so cnanot state what would be the high court order . but do raise the issue of dependent parents etc .

as far as case of dowry harrasment being filed draw attention of your lawyer to aforesaid facts .

1 Like

Bhawani Mahapatra (Law Officer) 12 January 2012

Dear Mr. Vikram You can challange the order of interim maintenance issued by the family court at the HC. Its not easy on your wifes part to prove as alleged by her & so also not easy to succeed in getting divorce order, even if both of you are not staying together since last 2 years. Better you should consult a local lawyer, who can advise you as per the fact of your case.

Vikram (SE) 12 January 2012

Sorry the present condition is the family court has granted divorce as per my wife's reply and dismissed the interim maintenance order as i didn't attend the family court and saying whatever allegations my wife claimes are true as they are left unchallenged and cross verification was not done but still the court has ordered 20,000 per month as my current salary is around 75000 per month and with all deductions i will get around 20-25000 in hand.

And i am now fighting the case for maintenance in high court for maintenance and review of my cuttings for Housing emi,lic's,land loan installment, personal loans and also the medical expenses for treating my old hailing parents and my brother's eductaion expenses.

Are these all factors' will be taken into consideration while deciding the maintenance or can i ask court for re-verification of allegations/cross examintaion in high court from my wife.

Chaitanya_Lawyer_Mumbai (Lawyer) 12 January 2012

For the purpose of deciding maintenance,your in-hand income post PF deductions will be taken into consideration.Housing emi,lic's,land loan installment, personal loans etc will not be considered.

you need to argue in HC regarding medical expenses for treating old hailing parents and brother's eductaion expenses.

let us know if the divorce has been granted to your wife or not.

Vikram (SE) 12 January 2012

the divorce has been granted to my wife

Self service (None) 14 January 2012

I didn't understood story - You are repeting divorce granted ex partee??? You ever appeared in court? Court give sufficent time to respondent also 1.5 month is very short time to give divorce. Some thing fishy ...court follows procedure..did you submitted response + evidence + corss*xamination and arguments...

Do you have lawyer? If not contact good lawyer.

Self service (None) 14 January 2012

You got RCR order in favour and still wife got maintenance and divorce order????? some thing missing... are you testing knowledge of forum members?

Vikram (SE) 15 January 2012

i did apply for rcr and she filed in reply for divorce and i was unable to attend for around 1.5 months and her divorce aplication was taken and was granted divorce and asking me to pay permanent alimony of 20000 per month and till when is not mentioned. The notice was not sent to us for the cross verification nor any infomration on the same.

rajiv_lodha (zz) 15 January 2012

She asked divorce in her WS to ur RCR case....& got exparte divoce & maint.......coz u did not attend court...........in a span og 1.5 month..........SORRY, WHAT IS THIS??