(Guest)

Mediation report details on rcr and maintenance case

Dear Experts,

Mine RCR , her is 125 CRPC Maintenance case.

Court Ordered Mediation during this Jan/Feb 2014 and I now got the mediation report as well which reads as below:

"Both parties present with their counsel/parties. Petitioner/Respondent willing for mediation. Amicable settlement was arrived. Parties agreed to withdraw MP Petition and agreed reunion of Both parties. Hence the matter is sent back to the Hon'ble Court".

Now my wife is refusing to withdraw her MP petition and putting constraints that I need to shift to a seperate house (where I am staying is itself a seperate own house - seperate from my parents house).

I am still sustaining staying that I am ready to live with my wife in my own house , since i have many commitments as part of EMI / Loans where taking a seperate rented apartment or buying new apartment is not feasible for me. (Already provided proof of her working as well and also stated in counter that without any reason she is deserting me).

Any chance that her Maintenance Case be quashed in upcoming trials ???

Please pardon if this is repeated query.

Thanks in Advance.

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3 Replies

Tajobsindia (Senior Partner ) 06 September 2014

1. Ideal would be to request again the Family Court to send parties for medication and there politely reason out your worries for the better of you two instead of spending ages in Court chasing respective reliefs.

2. On the other hand if you have provided proofs as mentioned then ideally her maintenance claim could get denied if mediation fails between parties.

[Off fine reading your brief if you feel your brief is repeated query before the forum then you should not have placed before Advocate(s) old wine in new bottle as stale wine is no good for seasoned soul and spirits :-)]

Adv. Chandrasekhar (Advocate) 07 September 2014

The court before declining her prayer for maintenance would go to the followng questions? What job is she doing and how much is she earning? How much distance from your own house to her workplace and also your workplace? Your insistence of staying in the same house is not with the malafide intentions or not? On the basis of the answers the court gets, it decides the fate of her maintenance petition.

(Guest)

Thanks for all the response....I am wondering what "malefide Intentions" one would have if he wants to live in his own house that he bought (and where his wife was also present for the house warming ceremony and lived there happily earlier) !!!

Just a piece of advice - If our fellow comrades themselves are not believing men , then how can we not live in a "gender biased law" society.

I will not blame any woman for this "woman friendly laws" , when in fact we have basic issues with our men.

Thanks again.