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anil (STA)     14 December 2017

Need Advice on DV/crpc125/RCR

My wife registered DV against me and my parents which is in "Issue of notice" stage .Mean while she filed Crpc 125,for which I submitted a objection statement with her qualification and work experiences. While submitting objection for Crpc125, judge informed us that she also filed section 9 of RCR which is also in -Issue of notice stage �. For Crpc 125 case referred us to counseling. Counseling was successful, she agreed in front of counselor to re-union back to matrimonial home without any condition. Counselor submitted report to court stating that Counseling between the parties was successful and disputes were settled.On counseling day her advocate told they will withdraw the DV and through joint memo these cases can be settled. She suppose to be appear to court last week, but she was absent & now through her advocate putting new condition that DV case she won't withdraw till my parents leave separately. She wants to put both Crpc 125& RCR case on observation. I need advice from experts on my further action. For her RCR,till now i not submitted any replay,(i,e objection or no-objection), for her Crpc 125 objection is submitted .I am not at all ready to accept her condition of keeping my parents separate. She is not allowing me to see my 4 year daughter & recently stating her health condition she also left the job.


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 8 Replies

Sachin (N.A)     14 December 2017

Vijay Raj Mahajan (Advocate)     14 December 2017

Condition for keeping the parents out and living separately with wife just to satisfy her ego and whips should not be agreed. When marriage was being planned and settled this condition was not made. Just think of divorce if she's not ready to live with you now.

Sachin (N.A)     14 December 2017

anil (STA)     14 December 2017

Sir thanks for advice.I have below legal quarries.1]if I accept her RCR,if she not come to matrimonial home back,and as of counselling report saying it's successful in Crpc 125 ,still she can ask maintenance to be given? 2] how can she tell in court on her discomfort on counselling after accepting once.3] without her DV case withdraw how can I allow her back to my home.4] if I don't contest for her RCR,then what's will be pro & cons.5] HOW to get true copy of counselling report.

Sachin (N.A)     14 December 2017

You are not understanding anything ,  you are making this ego point.

It was my mistake to suggest you something.

Go contest the case.

 

Kumar Doab (FIN)     15 December 2017

Is this condition of leaving (aged) parents on some irrefutable record?

If yes, keep such record carefully.

As per your post the (new) conditions are being flaunted by your spouse and not by you !

anil (STA)     15 December 2017

Sir,nothing is mentioned in any records.Conditions are flaunted by her orally through her lawyer.I am already in rent house and my parents were there in native from last 3 years,they also stayed there in rent house,both the places I was looking .Now they have health issue, they started stayed with us.Which is not acceptable by her.

Kumar Doab (FIN)     15 December 2017

This does not sound acceptable and may become act of cruelty and ground for divorce on the basis of how you establish it.

 


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