Is it a stratergy??

Originally posted by : shriks
	1.rcr by wife in family court with 125crpc and divorce by husband in district court same jurisdiction, cases at hearing stage, 2. wife appeared on summon by hand on 1st date of divorce but later not appearing, case at no say, no cross and evidence closure stage after submission of purshis at evidence stage, 3. in famly court husband filed affidavit denying allegations of wife in rcr and 125crpc stating desertion by wife and mental cruelties , thus filed divorce but still ready to cohabitate only if wife joins matrimony at a small old dialapidated house with toilet bathroom 45 km away from town in a village , to which wife never agreed and still not agreeing..... 4. now she asking for MCD......to which i told im ready but will pay alimoney monthly as per court decision as im a doctor and these people have tortured me a lot.... had a flat which i gifted to mom before filing sec. 13a , now wife has captured it and not ready to come out of it, no other property., one plot  sold off recently.... adultery found by wife but difficult to prove as we all know why.... 5. question here is      a. if agree for MCD is 6mth cooling necessary as 1yr seperated already???      b.should i contest both cases or can divorce go ex partee???????     c.will all other cases would be at pending stages once we file MCD?????    d. should i contest ???????? or should i go MCD????

Brother, 

when she is not agreeing to cohabit, why you bothred about paying alimony?

She dont want to come, no alimony for such wife

Que: What your profession being Dr. has to do to tell us you will pay monthly alimony? Even Govt. dr's. earn decent income don’t they now-a-days? J

Anyhow, coming back to your brief, if both donot want to live together then opt for MCD route and pay something initially at first motion (as deposit in Court file subject to release to her when decree sheet prepared) and rest make her agree that you will meet by way of p.m. installments or better beg, borrow and prepare a F/D and interest out of it goes to her Bank A/C p.m. as sellable strategy. By following this route both will first withdraw their respective cases and appear jointly for making statements during two motions in MCD proceedings and in flat 6 months out for fresh surgery somewhere in Swiss mountains provided wishes were horses in your case J.

Think about it instead of killing patients waiting for you to turn up at your clinic when half of your energy you are spending on various Court dates and another half scheming how to throw her out of THAT sold flat which she is skating in 

[I find your situation amusing for a simple reason you have tough time in hand clearing her off your sold flat to begin with forget RCR / Divorce / MCD]

1.actually filing a civil suit through my mom else clearing through other means is possible but again filing of petitions and facing 498a, domestic violence and atrocities cases would  drain me financially.

2.2yr kid  is there whos custody i have asked for...i know what i would get is jus visitation rights ........right????

3.moreover its a family of goons and dirty politicians .......was a well set trap of love marraige for money following her sisters footsteps 2 in no.    even their husbands facing same situ... but no cases yet.....i came to know 2mths after marraige about the background..

4.i have my clinic in near vicinity....and those people are shameless and scene creators , filed FIRs against them  for threatening, trespassing, robbery, theft and defaming but we all know the police.......

5. can 6mths cooling be waived off without approaching high court?????

Originally posted by : shriks
	1.actually filing a civil suit through my mom else clearing through other means is possible but again filing of petitions and facing 498a, domestic violence and atrocities cases would  drain me financially. Yes. We are all in the same boat. 2.2yr kid  is there whos custody i have asked for...i know what i would get is jus visitation rights ........right???? Be very specific as to what you will include in your visitation rights appeal.  Talk to one member by name stanley here.  He would suggest you what all points to cover in such an appeal. 3.moreover its a family of goons and dirty politicians .......was a well set trap of love marraige for money following her sisters footsteps 2 in no.    even their husbands facing same situ... but no cases yet.....i came to know 2mths after marraige about the background.. Background check was necessary.  Now no use in repenting. 4.i have my clinic in near vicinity....and those people are shameless and scene creators , filed FIRs against them  for threatening, trespassing, robbery, theft and defaming but we all know the police....... They shameless means you should be doube shameless man. 5. can 6mths cooling be waived off without approaching high court?????

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some updation was left out .....

1. flat occupied by her was that one where we stayed more than a year after marraige , thus her lawyer asked her to capture claiming a matrimonial home in DV if filed but i gifted to mom before filing petition of divorce and before her rcr and 125crpc

2. village where i am asking her to co habitate is my native place where i have my 2nd clinic....so even if she comes which i knw she wont would not harm me much as i travel daily to both clinics...

3.question here is

a. can mere affidavits in rcr by me be used as a proof or act of condonation to deny divorce if contested as i have accepted to co habitate even after filing divorce????

b.my lawyer said in hon. fly court that divorce filed under desertion and mental cruelty and schizophrenia due to hypothyroidal disease ...dont have proof of schizophrenia but have proofs of treatment for thyroid since childhood...
shes a real schizophreniac thats for sure

c. tug of war is just for maintenance , she wants huge lump sum and even if she gets monthly alim... she would contest cases for years and years thats  their family trend .....its the 5h case in their family......they are well trained for it..

d. thats why tightening the nuts for alimoney might  let her go my divorce ex-partee so she can claim sec.24hma or 125crpc under change of circumstances......

e. i dont mind her stuffing with adequate lump sum but they asking too much, almost a lifetime saving....

i have seen cases even after getting money they refuse for 2nd motion MCD .... again contest etc etc,,,,,so wanna play safe now as already messed up my life and career a lot.....

kindly suggest experts.......................

Originally posted by : shriks
	some updation was left out ..... 1. flat occupied by her was that one where we stayed more than a year after marraige , thus her lawyer asked her to capture claiming a matrimonial home in DV if filed but i gifted to mom before filing petition of divorce and before her rcr and 125crpc   That's a smart move! 2. village where i am asking her to co habitate is my native place where i have my 2nd clinic....so even if she comes which i knw she wont would not harm me much as i travel daily to both clinics... I just wish that she does not agree to come friend. 3.question here is a. can mere affidavits in rcr by me be used as a proof or act of condonation to deny divorce if contested as i have accepted to co habitate even after filing divorce???? Brother, RCR is the way of telling, I dont want you, but still I want you [as I know you will never come back] and during conciliations I know that you will not come to that village house to stay with me, so like that I will have proof to pursue my divorce case further and thanks for making my divorce case much stronger!   b.my lawyer said in hon. fly court that divorce filed under desertion and mental cruelty and schizophrenia due to hypothyroidal disease ...dont have proof of schizophrenia but have proofs of treatment for thyroid since childhood... shes a real schizophreniac thats for sure What are you telling man, diseases related to thyroid malfunction such as schizophrenia are side effects of it..  Take those thyroid treatment details and go for further medical references on the subject. c. tug of war is just for maintenance , she wants huge lump sum and even if she gets monthly alim... she would contest cases for years and years thats  their family trend .....its the 5h case in their family......they are well trained for it..   Ah, its always about the money!  Pay her in one shot and get rid of her.   d. thats why tightening the nuts for alimoney might  let her go my divorce ex-partee so she can claim sec.24hma or 125crpc under change of circumstances...... e. i dont mind her stuffing with adequate lump sum but they asking too much, almost a lifetime saving.... You can do one thing, hide your income sources, show that you do not earn that much, take a lesser amount and file income tax return on the said amount, I hope you are understanding me.  Then show the details to the court that this is your income.  No court cannot fix alimony more than a person's income.  Do it for a few months.  Let her run pillar n post.  She'll get tired and then finally come to one shot payment of whatever you are capable of.  You can also ask the judge that you would want to finish off payment in one shot if its in your reach.  Judge will come to a reasonable amount.  You can try that option too. i have seen cases even after getting money they refuse for 2nd motion MCD .... again contest etc etc,,,,,so wanna play safe now as already messed up my life and career a lot..... Suppose if you make part payment of some X rs. and you are required to make the rest payment on certain date.  All will be in writing, they cannot come up with a new story.  Make sure to make part payment of money in shorter periods, as longer the gap the chances of they coming up with newer reasons will increase.  Mostly such part payments are made within a gap of 3 months or 5 months.  Ab intna risk toh lena hi parega bhai...  kindly suggest experts.......................

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thats a good reply indeed

thanks friend

1.doesn't JMFC or SR. judge of district court has a 6mth waive off authority in MCD cases known as cooling period.???

2.since the aggrieved spouses are already seperate since a year with regards to filling of sec 9 by wife 1yrs back and husband filing divorce 1yr back??????

3.isn't 1yr sufficient to cool them off  and waive 6mths waiting or more cooling and chilling in MCD needed without aproaching high court?????

Only SC has power to waive off this 6 month cooling off period.......all a costly n time consuming exercise.

1.tomorrow is her cross examn, evidence part by them is being closed by submitting 'purshis'.
2. quest :-  will cross n argument further be for interim or final maintenance???

  her lawyer pleaded for both both nothing has been granted so far 1yr passed.
3. i gave SAY  stating ready to maintain on condition of staying together but its wife repeatedly deserting and withdrawing from society.
4. ex- party divorce on judgement satge next month

What is purshis ??