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great india (manager)     11 April 2014

Maintenance case...verge of order

1.husband a doctor by profession files a divorce on cruelty grounds after repeated torture by wife and in laws who used to stay in close proximity to his place of stay i.e. a flat in his name 2.5 yrs back , case pending in a civil court.

2. wife in return gifts him sec 9 hma, in Fly court same district and jurisdiction, before all this sensing malafide intentions of wife n in laws , he gifts the flat to his mom .

3. reconciliation happens in sec . 9 and husband proposes to take wife to rental accomodation in near vicinity and wife agrees pending cases . But in 1mnth she deserts and runs back to above flat.

4. files 125crpc in Fly court and DV in district court.

5. WS .ie. SAY by husband states willingness to co habit but its desertion by wife, rcr clubbed with 125 crpc so interim denied.

6.In divorce case of husband she appeared on judgement day and filed sec. 24  husband appeared party in person and a interim of 2k granted.
 

QUESTIONS AND HELP AND GUIDANCE:-

a.)  cross examinations in 125+sec. 9 over in which wife and MIL as witness appeared and refused to co habit with husband at his present residence which is an ancestral house 50 km far frm previous place.
she accepted previously working  . has a 3 yr kid.
should i WITHDRAW DIVORCE AS ITS GETTING DRAGGED AND DRAGGED FOR YEARS AS SHE APPEARS ONLY TO COLLECT INTERIM 2K PER MONTH.

b.) MCD asking for 25 lakhs which is out of reach. the flat above gifted to mom is sold off in half price to a local property dealer but she still not vacating it after barging in and filing DV which shows NOTICE UNREADY SINCE 2 YRS.

c. ) If i withdraw divorce , will it be a sensible option so even if she files in near future , i can let it go expartee as maintenaNCE IF ANy would be granted in 125crpc anyways.

d.) please guide experts, she not willing to join thats for sure but want to harass us for heavy lump sum
2 negotiations failed involving mediatiors and relatives,



Learning

 5 Replies

great india (manager)     14 April 2014

At least someone reply ......experts

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     14 April 2014

All case papers will have to be seen for proper course of action.

 

Otherwise there are no of persons on this site who have created multiple ID s and not actual knowledge of court working sit whole day here and go on dishing advise whether workable or not.

On face of it your problem can be solved by properly contesting and exhausting the opponent in court battles.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     14 April 2014

See how people use harsh and filthy language when correct advice is not palatable hence other and proper experts do not participate.

 

Quote 

Dear Mr. Laxminarayan,

No divorce possible  since statement before police or  outside court  is no evidence.

 

She has declared that i had told her to live jointly with my parents but she did not want to come back, in her complaint lodged at Social Cell and Local Police Station (duly signed by the police-in-charge and submitted by herself in the list of documents).

Even other wise you have to pay maintenance even after divorce.

How on earth can you say that I would have to give her maintenance even after divorce ? Then what is the use of getting divorce if she would have to shell out money even after getting divorce ? Am sure your clients might be mostly women... and not men.

As per my knowledge, there is no law to tell you to maintain her once you are granted divorce.

You are giving me wrong advice. If not, please elaborate your statement !!!

We men are helpless with this law and order but that never mean you should misguide us.

great india (manager)     15 April 2014

1. Sirjee, i am here on this forum since 2 yrs and this forum and ld. Members such as TAjobs, sufferer savior, amit, even bharat chug have helped me in past and even now. 2. So what you feel about others i can appreciate and good you gave the above example showing genuineness in your advice. 3. This is just a thanking msg for you. 4. Now query part to expert's: I am contesting the cases tooth n nail So the stratergy to withdrawn divorce is it worth giving financial constraints as one of the reason or can i site as"wife filed sec.9 and i filed divorce on desertion and cruelty so if she willing to join then cruelty stands condoned if i accept her. So anyways it woukd get dismissed. Now if i withdraw and let her filed sec.9 go in my favour is my case worth withdrawing. As it is its been dragged since 2 yrs. Any suggestions experts

great india (manager)     18 April 2014

A new turn has come up. A flat above sold to a person has lodged complaint of 420 and 406 naming myself , mother who's owner and wife as trespasser. I gave statement in p.s. stating possession given to new owner as mentioned in sale deed. In lieu of above cases should i withdraw my cases and contest opp. Rcr and other ones

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