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shriks........... (healyhcare)     25 June 2013

Please guide me....help....experts..

1.in civil court sr.division, had filed for divorce (sec 13 )1.5yrs back , at judgement stage wife appeared and pleads for NO SAY set aside .grounds: desertion and mental cruelty 

2. she filed sec 9 at family court same jurisdn and 125crpc, in between i took her to rented accomodayn where again she deserted......

3. now in divorce she files 24hma and asking for interim monetary relief of 20,000 per month
4. i know divorce contested is not easy, mcd she asking for lifetime earnings

5.QUESTIONS:

should i hold / withdraw divorce and tell court that ready to co hab for the sake of 2yrs kid.....as also she filed sec9 as it was she who deserted and not me......what should be my stand????

6. i donot mind her staying with me but the problem is she demands a flat which i gifted to mom and myself staying in a small village in ancestral old house.........

7.they have barged into the above mentioned flat as its close to their house....and trying political pressure for us to succumb............should i hold divorce and continue her rcr.....???????
8. once they get interim alimoney they would just prolong the cases.......that is the reason......
please help........



Learning

 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     25 June 2013

What should be your stand would depend upon what you want. It is only for you to decide whether you want to give a chance to your marriage or stick to your divorce petition. Nobody else can tell you as you only know your wife better and also how much strong evidence you have to get divorce. If you do not mind living with your wife for the sake of your 2 yr old kid, then  do give your marriage a chance after assessing the whole situation.

shriks........... (healyhcare)     25 June 2013

mam,
1. wife is just after money either monthly or lumpsum...thats the reason they have barged into the flat......they filed cases to prove court its me who deserted,

2. they failed as in my say i never objected for co hab but only at my ancestral house,which they do not want, they just wanna feast on my hard earned money and property, they are 3 sisters all married and following the same technique of filing cases and NCs and harassing huabands and inlaws in lieu of money,

3. please guide what stand to take, she wont come for co hab thats sure so what should i be doing ???????.....pay lifelong undivorced  and curse my destiny or continue with rcr filed by her and wait till they succumb????????

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2013

Dear Querist

if you have any strong proof against her then fight the case on merit otherwise forget justice and accept her demand.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 June 2013

Adv Archana has asked a very pertinent question. Know the target and pursue it. One step forward, two steps backward is a recipe for disaster.

 

 

Regards,
 
Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Anjuru Chandra Sekhar (Advocate )     26 June 2013

As fresh grounds have arisen after she filed RCR, contest her RCR by filing a counter seeking divorce on old grounds along with fresh grounds (one more desertion). You have to pay alimony whether you are married to her divorced.  Hence through MCD if she is expecting you to pay maintenance for lifelong it may not be a true assumption.  She might get married.  If she marries, you will not have to pay maintenance to her anymore.  So if you accept MCD then you will have to pay maintenance to her only till her marriage with some other person. 

shriks........... (healyhcare)     27 June 2013

thanks experts,

i did the same,
1. i filed counter in rcr saying she deserted one more time and i am still ready for co habitation but its she who repeatedly deserts.....why divorce should not be granted?????
2.divorce grounds were desertion and mental cruelty, even if husband took her back for cohabitation, condoning cruelty as a ground , the wife deserted again which again proves deaertion and mental cruelity as a ground......
3. she filed sec24 for interim in divorce court, is it possible to withold divorce proceedings till rcr disposal prolonging her sec 24 proceedings??????????
4. 125crpc filed in family court with rcr which is at cross examination stage..........

Anjuru Chandra Sekhar (Advocate )     30 June 2013

Who told you to say "I am still ready for cohabitation"? :)   That is redundant.  If you want divorce mention grounds for it.  Do not add mashala, feelings etc.

Anjuru Chandra Sekhar (Advocate )     30 June 2013

In RCR petition filed by wife is husband says I am ready for cohabitation, judge will happily grant decree in her favor.

Anjuru Chandra Sekhar (Advocate )     30 June 2013

You should not condone.  That is another pitfall in your pleadings.  And note that if RCR and Divorce are in two different courts you can ask for clubbing of both the cases and hearing together of both cases in one court. 

shriks........... (healyhcare)     01 July 2013

1.condoning previous acts of cruelty and still ready for co habitation would get decree of rcr in favour of wife......thats right...
2. wife has barged into mil flat and wants husband to co hab in that flat close to her moms place just 10min walkn distance.......the flat was husbands who gifted to his mother just before cases were filed .......wife and in laws have an eye on that flat .......if husband joins dv would defin be filed in few months and right to residence till years and years of trail would follow.....favouring wife.......
3. husband stays in village 50km away from the above flat and wants wife to join him there......he doesnt mind rcr decree favoring wife as he filed divorce on desertion and wife contests saying its husband who deserted and wants maintenance for survival......

4. so even if husbands divorce gets dismissed......because of condonation of cruelty, wont desertion still remain a ground for divorce as he knows that she wont come out of the above mentioned flat as she wants it in her name ...........rcr by her backfired as she was under impression that husband would not agree for cohab........

5. my point here is if wife doesnt not follow rcr decree and goes with husband........wont it be a case of coming to court with unclean hands as inspite of all drama husbands showing interest of cohab for the sake of small 2yr kid and wife adamant in reunion????????

6. if she goes, flat automatically gets posessed by husbands mother ......she can sell, rent etc.........that is what wife doesnt want......money minded female.....ready for mcd, but again wants the same flat and money too

shriks........... (healyhcare)     02 July 2013

to add the wife applied to clb case of divorce from civil court sr. div to family court......
what should be my stand experts?????????

Anjuru Chandra Sekhar (Advocate )     03 July 2013

What are cases pending in various courts at present.  Briefly convey.

Shazz (Marketing Executive)     04 July 2013

I Am from a Muslim Family and have given divorce to my first wife, as per the Muslim personal law board and made Talak agreement payed her alimoney and she has signed on the agreement that she will not file any legal case against me.

Now I need to known on that bases can I get the devorce decree, if yes what are the procedures. Need to remove her name from my Passport.

Please guide me.

 

shriks........... (healyhcare)     04 July 2013

divorce pending in district court filed by me.......

125+rcr in family court by her ..........within same district


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