Jaison (Editor) 20 March 2013
Jaison (Editor) 20 March 2013
Now any woman is not such a sage who would give divorce just like that, even if she is working, you will have to pay her maintenance, some keep paying maintenance monthly, some pay it lumpsum as a price for getting freedom from wife.
If your wife is so very generous, she might tell I dont want any money, I want just divorce. Your lawyer can do that talking.
stanley (Freedom) 20 March 2013
There is no thing as women harassment case . But she can file false cases of domestic violence read the act PWDVA 2005 . if she is a working women than you dont have to pay her maintanence but for your child you would have to pay . Hence seek MCD if the marriage is dead .
Manish Udar (www.Mehnat.IN) 20 March 2013
Apply for divorce on grounds of cruelty if she does not give mutual. Any wife who abandons her husband without due reason will not get any maintenance or alimony.
www.mehnat.in/wives.html
Nandha (NIL) 20 March 2013
@Nandha
All such love letters should be sent through a advocate, and all such LL will be sent via RAPD registerd post acknowledgement due. If she refuse to accept notice from lawyer, same can be retierated in court in future.
If you have sent such a letter via RAPD it is just another letter, and cannot be treated as legal noitice. You can mention the same in a notice via lawyer that you had requsted your wife to join you in letters to her.
fighting back (exec) 21 March 2013
@helping hand..
hey bro..just wanted to ask you something...i attended my RCR case yesterday which was filed by wife, judged had asked wife to give expartee evidence, as i failed to attend a date earlier, i attended yesterday, and expartee was set aside, and judge asked to file reply on next date.
when i left the court, her lawyer met my lawyer and asked him to talk to me regarding his client wanting to stay with me and sort things out as she is interested in staying with me, but i dont want to take her back at any cost.
since i have already filed for divorce, i told her lawyer, that i am firm in my decision of not wanting to stay with her, and i also told him that since she has already filed for sec 125, i am ready to pay, as i am bound to pay, as i dont wish to stay with her at any cost, i am also ready to pay a one time amount, it the amount is reasonable. he told me that he will speak with his client and ask about their opnion if they want to continue to fight in court or settle the matter with money.
i want to ask you, what could possibily be their next strategy?
1) file 498 or DV for residence...( she is staying with her mother since last year)
2) sec 125 already filed and i am ready to pay the monthly amount as per the judge
3) if in case the judge orders her to go and live at my home, since i dont want to take her back or live with her, what should be my answer to the judge, ? as i am ready to pay the maintainence, am i still bound to take her back, or can i ask the judge to also adjust the rent for her living from the maintainence.
please suggest a stratagy to fight this situation, should i take a house on rent and keep it ready just in case she tries to barge in? or tell the judge that since she is also taking a part of the amount as rent, i dont want to take her back?
pls reply, your help will be highly appreciated. thanks
| Originally posted by : no pain no gain.... | ||
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Her lawyer is paid for doing the above. You just say, it is not possible, and as the matter is in court, let court decide.
Her lawyer is paid for doing the above. You just say, it is not possible, and as the matter is in court, let court decide.
and i also told him that since she has already filed for sec 125, i am ready to pay, as i am bound to pay, as i dont wish to stay with her at any cost, i am also ready to pay a one time amount,
Pls be very careful here, as your lawyer and her lawyer will become mediators on how much to give and how much to ask.
it the amount is reasonable. he told me that he will speak with his client and ask about their opnion if they want to continue to fight in court or settle the matter with money.
If she wants to come and stay with you, DV is the only option where she can get exparte residential orders, and barge into your house with help of police. 498a means extortion, you take me back or me ask to register FIR, though extreme case, cannot rule out.. you know your devil better .
Pay money, and she cannot ask for residential orders, even if she puts DV case and get residential orders, as you are paying money, she cannot ask for double relief, take money also and ask house to stay also.
Only DV act case's judge has powers to pass exparte residential orders, that too when DV act case is filed.
AS I said earlier, she cannot take money also and ask for house. Money is given that she can take care of herself, get a shelter to liive, get clothes, money is not paid as pocket money for her to go watch movies and throw kitty parties. Once you start paying money, you need not have to take her back.
Rent? You paying rent for her house is equal to paying alimony, so if she filed 125 you can tell judge that you are already paying money, so one more order on alimony does not arise, you should show sufficient proof that tou are paying rent.
Just stay with your friends man, where 3-4 friends are living together, and make sure that your friends are only males, not females, or else she might file case that you are adultrous in nature. Rest keep paying money, she find house for herself to stay...maintain passbook and transaction details. Thats the best way not to take lovely wife back.
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