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great india (manager)     08 December 2013

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1. Husband files divorce under mental cruelty and desertion in 2012; and just before expartee the wife comes like a superwoman and applies to set-a-side and gifts application for 24hma pendent lite which is allowed to her as 2k in civil court.
2. During the period after serving summons of divorce, immediately she opts for sec 9 hma in family court same jurisdiction pleading co habitation.
3. What the husband did now was, he appeared in fly. Court and expressed reunion  after reconcilliation at a different place other than the flat X where the couple resided last as it was close to in laws of  husband and a constant source of interference and torture , wife got confused but agreed and they went to place Y  ----a rental accomodation.
4. Wife started getting suffocated as she was away from her mom and had to work in the house which she always objected to. She started raising issues and fighting for stupid things.
5. When the husband was out of station at his parents place 50km away, wife without informing the husband , barged in flat X on her lawyers advise and filed a p.c(n.C. complaint) of threat to life.
6. Husband sensing a D.V. in near future had gifted the above flat X to mom before filing for divorce.
7. Wife did as expected, she filed a D.V. and 125 crpc, D.V. is pending in Cr. Court till date awaiting summons and 125crpc is clubbed with sec. 9 with common trial.
8. Now in cross exam of sec.9+125 the wife refuses to go for co hab at husbands ancestral house –50km in a village. Husband is claiming it to be a permanent matrimomial house  and still asks wife to join as its her whos neglected and withdrawn from society.wife refuses, interim denied in 125crpc.
9.husband wants a divorce as more than 1.5 yrs of separation  desertion by wife and filing of false cases.
meantime the above flat X gifted to mom is sold by her to a 3rd party , wife still occupying the same ; he knows but purchased at a low price as he knows hoe to deal with such litigated properties.
10. Mcd wife asking for stars and moon – impossible for husband almost non- negotiable.

11. QUESTION:-
  A. NOW IN HUSBANDS DIVORCE CASE ; IN HIS CROSS SHOULD HE EXPRESS DESIRE TO CO HABIT  JUST TO PROVE DESERTION BY WIFE AS HE IS SURE SHE CAN STAY  WONT JOIN IN ANCESTRAL HOUSE FOR SURE..?
 B. SHOLUD HE SAY HE WANTS A DIVORCE COME WHAT MAY , IF MAINTENANCE IS THE QUESTION , THEN HE’S READY TO PAY WHAT THE COURT DECIDES..????
C.SHOULD HE STRONGLY ASK FOR DIVORCE  AS THE WIFE HAS ALREADY REJECTED CO HAB IN HER CROSS IN 125+SEC.9. IN FAMILY COURT UNDER OATH….?

ALSO WIFE REMAINED ABSENT RECENTLY AND A NO CROSS ORDER PASSED FAVOURING HUSBAND



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