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shriks........... (healyhcare)     28 January 2013

Fined in family court and scolded

dear learnd membrs...,

wife filed rcr in family court n i filed divorce in sessions in same district..case runnin at same stage i.e Ws trial next week

i dont want wife back n appeard in fyl court wtout vakilpatra till last hearin 4 six mnths...
wife appeared for div bt not givin WS..
JMFC slapped 1000 fine for delay after acceptin vakilpatra and WS n shouted...

case here is wife barged into my flat which i gifted to mom b4 filing of cases...
she filed rcr after my divorce filing
i appeared for 125crpc n prolonged for 6mths ...
in betwn i took her 2 rented place for co habitatn after councillin sessions in fly court..

she fought , deserted n barged into the flat nw in mothers name claimin it as matrim home
last date i gave WS sayn im ready 2 accept her back provided she comes 2 my ancestral house which is in a village away from city which im sure she wont come at any stage...
query here is should i fight the same way as it would pave way 4 ME proving desertion and cancellation of her maintenance as she withdrawn from husbands society even after fililng rcr from her side...

meanwhile adultery by her found by me but as its almost diff. to prove so dont wanna mess up the case..
she doubly guilty n scared now of rejoining...
have 2yr kid ...plannin 2 gift clothes n bournvita and toys in fly court date next week to coolen JMFCs anger...
point here is how to proceed further???????



Learning

 10 Replies

ArpitBhatia (None)     28 January 2013

is this an SMS?

shriks........... (healyhcare)     28 January 2013

its an query dear friend.....for the learned members to guide me.......

ANEESH TRIVEDI (ADVOCATE) (Advocate)     28 January 2013

what you mention is not clearing the picture , please mention step by step alwasy because in law if you put your point stroy wise then it is difficult of find the legal point so please give facts serialy and systematically , dont go short curt also as you type here diff. it means different and difficult both so if one put his enerfy in finding the meaning you mention then he also forget what he was reading and on what point he has to give his views, so please correct it and give facts in proper way?

shriks........... (healyhcare)     28 January 2013

o.k.
here is point wise detailed history
dear learnd membrs...,

1.wife filed rcr in family court n i filed divorce in sessions in same district..case runnin at same stage i.e Ws trial next week cases file 1year back

2.i dont want wife back but i appeard in fyl court wtout vakilpatra till last hearin 4 six mnths...
as had 125crpc filed 8myhs back
3.JMFC slapped 1000 fine for delay after acceptin vakilpatra and WS n shouted...for delay

4. after filing caSES AGAINST EACH OTHERS, wife barged into my flat which i gifted to mom b4 filing of cases...
5.she filed rcr to prolong my proceedings after my divorce filing
6.i appeared for 125crpc n prolonged for 6mths ...by not submitting written statements
7. after councilling sessions 8myhs backin  i took her 2 rented place for co habitatn after councillin sessions in fly court..with consent of family court councellor on cort paper docunemt.

8.she fought with me in that rented house within just 20 days , deserted n barged into the flat  which at present is  in mothers name claimin it as matrim home
9.in last date recently,i  submitted  WS sayn im ready 2 accept her back provided she comes 2 my ancestral house which is in a village away from city which im sure she wont come at any stage...
10.query here is should i fight the same way  saying she deserted n im ready to accept as it would pave way 4 ME proving desertion and cancellation of her maintenance as she herself has withdrawn from husbands society even after fililng rcr from her side...and not ready to cohabitate and putting unacceptable conditions for rejoining

11.meanwhile adultery by her found by me but as its almost diff. to prove so dont wanna mess up the case..
12.she doubly guilty n scared now of rejoining...
13. as i have a 2yr kid ...plannin 2 gift clothes n bournvita and toys in fly court date next week to coolen JMFCs anger...
14.point here is how to proceed further???????

15. she wont join me in a ancestral house in a far village where i told the court that im presently staying......
so i should plead FLY COURT to pass decree in my favour and use it to contest divorce on desertion and cruelty grounds or finish her rcr 1st n then proceed wit my divorce case???

Have a Heart Foundation (Sales & Mktng)     28 January 2013

have 2yr kid ...plannin 2 gift clothes n bournvita and toys in fly court date next week to coolen JMFCs anger...

@ shriks... is that a joke??? are u taking care of the child's need by pleasing JMFC??? 

Dear,

1)  take care of needs of the child and see that child is brought up in healthy atmosphere. Child needs father's Presence.. not his Presents..

2) Ask your mom to file for eviction of your wife from her property as she is the lawful owner.

3) file for child custody and interim visitation rights under guardians and wards act.

4) hire a good lawyer to represent you in FC and bring evidence and facts on record.

5) Incase if reconciliation is not possible, try for divorce through mutual consent and in the interest and welfare of the child you can also sign a "PARENTING PLAN"  that has been approved by bombay high court. (copy enclosed herewith in the attachment).


Attached File : 830649142 parenting plan crf.pdf downloaded: 157 times

Anil Agrawal (Retired)     28 January 2013

Reconciliation? Manna from the heavens.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     29 January 2013

Originally posted by : Anil Agrawal

Reconciliation? Manna from the heavens.

sir i cant understand it , please elobrate little bit thanks

shriks........... (healyhcare)     29 January 2013

what i intended to say was.....
1. interim main not started bcoz trial wd proceed next week.....i want to give smthn to kid but no cash as it would be misused by money minded wife....
2. im a doctor had a love marraige with this money minded female who is ready to divorce but after takin a huge alimoney in lakhs which wud be my lifetime earnings....
3. wife had 2 more married sisters who also married intercaste n desertd their husbands n askin 4 onetime settlement else 498 , dv and atrocities(poa).....false cases...so its a trend by them....
4.prblem here is she filed rcr but no ready for cohabitation...but  would divorce only after huge alimony and givin th kid to me....
5. please help me im trapped in this mess....
6. i dont want her but wanna hav my kid back wit me.......

Have a Heart Foundation (Sales & Mktng)     29 January 2013

Court will anyway grant maintenance to the child...

If you want your child back, File for Child Custody under Guardians and Wards Act.

Also find attached herewith "CHILD ACCESS & CUSTODY GUIDELINES" approved by Bombay High Court, It could be useful to you.


Attached File : 830737247 child access & custody guidelines- book.pdf downloaded: 135 times

ANEESH TRIVEDI (ADVOCATE) (Advocate)     29 January 2013

no need to give a single rupee to her,

contest the cases if the cases are not true then you will win surely thought it willt take long time.

if you have mussle power then take your son  i mean kidnap him andlet her file compalaine and make her round to police station and court,

if you are not having and 498A or dv then gave aaplication for your safe side to sp , dsp ,Ig mentioning that in furture if she come with such allegation the treat them false .

already she filed rcr so she wont go for it but be safe ,

play the role of wicked and intelligent person to get rid of her, i m also on the same boat so keep patience.

we can talk on mail barsati10@rediff.com or you can call me at +9424449500

 


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