Need expert legal advice re maintenance and rcr issues

 

Need expert legal advice regarding the following maintenance and RCR issues:

 

1.  Husband not willing to take wife back.  Wife has filed for RCR.  Wife does not want alimony, but wants only husband.  Wife is also working, earning handsomely.  Husband‘s whereabouts are not known.  Wife not willing to file DV case or other cases such as 498a to harass husband.  Wife is ready to make separate accommodation for both of them so that they can live happily ever after [here wife had been a monstrous one, while husband had made such separate accommodation, harassing him and his parents to such an extent that husband was forced to go to women’s cell to lodge complaint against wife] What can the wife do then?  How to get husband back?

 

What is the problem here? Surely the husband loved the wife once upon a time? He can love her again if she is so sincere now. Further, if the husband's whereabouts are not known, then how do you know that he does not want her back? The wife first has to locate the husband, then she can try to persuade him.

 

2.  Wife willing for MCD.  Husband not agreeing for MCD.  Husband and wife both are working.  Wife files divorce petition on basis of separation of 6+ years.  Husband is not willing to give divorce, but will keep visiting wife every now and then.  How can such a wife get divorce?

 

The husband is playing with her here. Let him play for some time, then prove in the court that he played with her, and claim divorce on basis of cruelty.

 

3.  Wife willing for MCD.  Wife has kids from the husband.  Husband not agreeing for MCD.  Husband and wife both are working.  Wife files divorce petition on basis of separation of 6+ years.  Husband is not willing to give divorce, but will keep visiting children every now and then.  Is divorce possible?  If possible what will happen to those kids out of the marriage, [kids are teenagers 16+ age].

 

This appears to be the same as number 2, except in that one he was visiting the wife, and here he is visiting the children.

 

4.  Wife [not working] registers a Domestic violence case against husband [working].  Makes false allegations, but admits that all allegations are false during trial, and the only reason why she filed the case was to get her husband back.  Husband says he will not accept her back ‘come what may.  Wife says she is ready to look after husband and take care of him.  Husband bluntly refuses to go with wife.  What will happen to wife then?  Meanwhile wife has also filed RCR in district court, and has been receiving interim alimony ever since husband filed divorce petition [filed before wife filed DV case], and such alimony is yet to be readjudicated yearly and wife has not given fresh application asking for alimony.  What will happen in such a case to the divorce case, DV case, RCR petition?

 

From whose perspective are you making this query, husband or wife? From your question "What will happen in such a case to the divorce case, DV case, RCR petition?" it appears that you want a  theoretical / philosophical discussion. Obviously "what will happen" to the various cases depends a lot upon what legal path the parties take.

 

 Please do make time to answer.

Originally posted by : Manish Udar
	4.  Wife [not working] registers a Domestic violence case against husband [working].  Makes false allegations, but admits that all allegations are false during trial, and the only reason why she filed the case was to get her husband back.  Husband says he will not accept her back ‘come what may.  Wife says she is ready to look after husband and take care of him.  Husband bluntly refuses to go with wife.  What will happen to wife then?  Meanwhile wife has also filed RCR in district court, and has been receiving interim alimony ever since husband filed divorce petition [filed before wife filed DV case], and such alimony is yet to be readjudicated yearly and wife has not given fresh application asking for alimony.  What will happen in such a case to the divorce case, DV case, RCR petition?   From whose perspective are you making this query, husband or wife? From your question "What will happen in such a case to the divorce case, DV case, RCR petition?" it appears that you want a  theoretical / philosophical discussion. Obviously "what will happen" to the various cases depends a lot upon what legal path the parties take.    Please do make time to answer.

Thank you for your time sir.

 

From both perspectives, husband as well as wife.

 

Let me put it again..

 Wife [not working, but agrees to have immense property in her parent's name] registers a Domestic violence case against husband [working].  Makes false allegations, but admits that all allegations are false during trial, and the only reason why she filed the case was to get her husband back. 

Husband says he will not accept her back ‘come what may. 

Wife says she is ready to look after husband and take care of him and tells husband to join her at a seperate place.

Husband bluntly refuses to go with wife. 

IN this case what will happen to wife then? 

Meanwhile wife has also filed RCR in district court, and has been receiving interim alimony ever since husband filed divorce petition [filed before wife filed DV case], and such alimony is yet to be readjudicated yearly and wife has not given fresh application asking for alimony. 

What will happen in such a case to the divorce case, DV case, RCR petition [what legal course can be taken by both of them in such a case?]

The DV case has collapsed due to the wife's admission that she made false allegations. The husband stands a good chance of winning the divorce case now due to this cruelty. The RCR petition is on pretty shaky ground after the admission that false allegations were made. You have not given a time line which would help in assessing / quantifying the suffering undergone by the parties, but even without a time line an observation can be made that after so much litigation the marriage is unlikely to survive.

Divorce 498a

1.  Husband not willing to take wife back.  Wife has filed for RCR.  Wife does not want alimony, but wants only husband.  Wife is also working, earning handsomely.  Husband‘s whereabouts are not known.  Wife not willing to file DV case or other cases such as 498a to harass husband.  Wife is ready to make separate accommodation for both of them so that they can live happily ever after [here wife had been a monstrous one, while husband had made such separate accommodation, harassing him and his parents to such an extent that husband was forced to go to women’s cell to lodge complaint against wife] What can the wife do then?  How to get husband back? Here husband is a Pig and he must be chased with 498a and DVC and maintenance and all other cases.Becozz even if the wife is not filing cases...she will be called as a monster. So its better to deal with husband like a monster. Her husband is a coward and is just hiding out. Becoz men do not understand RCR, " latoon ke bhoot batoon se nahi mante". He approaching women protection cell shows that he is not a MAN.If you think he went becoz wife harassed him...then i feel from now you must assume that wifes also go to WPS becoz husband and in laws also HARASS THEM.