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great india (manager)     03 November 2013

Kahani me twist please advice

1. wife stays with husband in a flat self earned by husband and starts fighting and threatening 498 and DV just few months after marraige.

2. sensing malafide intensions, husbands gifts flat to mom, wild at this wife files police complaint at local P.S. of voilence.

3. husband files divorce, leaves the flat and goes and stays at ancestral house 50km at a village away from flat, this flat is close to  residence of mother of wife which added fuel to fire and all females from wifes side used to pressurise husband to re transfer the flat to wifes name.

4.wife files rcr , husband appears and says ready to co habit at alternate rental residence and takes wife along, wife stays for a month and in abscense of husband barges into the same above mentioned flat gifted to mom and files a DV and 125crpc.

5. husband again appears in hearing and firms his stand in ready to co habit and maintain wife and 2yr kid on condition of living together at ancestral house 50km away from that flat, during cross examination wife agrees for condonation of previous acts of cruelty whether happened or not but refuses to join husband at ancestral house.

6. now the above flat is sold off to a local heavy weight at low price, so now are chances of sale backfire husband in this deal...??????

7. husband filed divorce on desertion and mental cruelty,wife adamant on not going to village, asking heavy alimoney for MCD.

8. not interested in co habitation but wants to irritate husband, has an affair outside marraige, getting proofs difficult but affair is for sure.

9. interim in 125 not yet ordered, in 24hma 2k ordered,

10. no property or asset on husbands name now, money from sale of flat in moms a/c.

11. how to proceed further experts...????????



Learning

 5 Replies

fighting back (exec)     03 November 2013

why did you accept her again and condone her acts of cruelty when she filed cases on you? now reap what you have sown

Laxmi Kant Joshi (Advocate )     03 November 2013

1. if you are sure that she is indulged in extra marital affairs with some one It means she will be in hurry to do marriage with that fellow , then it is better to file for divorce on the ground of cruelty upon you . 2. if you are not sure about her illicit relationship , then negotiate the matter with her and then go for mcd and get rid from her.

great india (manager)     03 November 2013

1.yes absolutely. 2. She had occupied that flat so took her to rental accommodation. Now all magistrates in different court are convinced that its she who deserting. They asked us for mcd..... 3.i agreed only for zero alimony and full child custody.... I knw both difficult but " kam paison ke liye zero se shuruvat karni zaroori hai" 4.when she captured flat she demanded flat and15 lakhs.... 5. Now flat sold off, legally she is residing in that flat illegally, I started mcd settlement in 2.5 lakhs..... I think it would be finalised till 8-10 with child wit her.... Thats o.k.... I am pressing for min. Dv pending...next mnth is my cross i think they'll start negotiations then...... Hope for the best....!!!!

Manpreet (Manager)     04 November 2013

@Querist 

Have patience,its a patience game. If she in hurry she will settle at zero alimony.Concentrate on cases.Nowonwards  dont show your eagerness to comeout of the marriage.

great india (manager)     04 November 2013

Yup..... This is the best advice..... All experts of the past right from Ta jobs/ helping hand/ shonee sir/bharat chug suggested the same in the past. Thanks experts for giving time to my query. Patience is the game..since 2 yrs the game on.... I think they'll succumb soon. I'll wait........ No probs... Thanks again experts and a happy dipawali........

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