RCR help required

Pls help me ?

Reply querywise:-

1. Though you can prove that she was employed during her stay in Bangalore you have to give maintenance if she shows to the court that she is not employed presently.  But in case if she is employed presently and earning a decent income you need not pay any maintenance.

2. Yes the proof in your hand would help you.

3. If she is able to show the court that she has no means of income and no job then you have to pay maintenance and showing the resume will not help you.

4. If she is earning now then you need not pay maintenance.

5. It is better to compromise with her and fulfill her demands.  Because life without partner will be more horrible in the later days.  You have to make adjustments with your wife and compromise on things to lead a happy life.  I suggest you to approach and speak to her and hear her views and consider them with affection.  If you both discuss openly there is no need for mediator or anybody.  It is true that in RCR a mediator will help you.  You can take his assistance.  But before filing RCR try to take your own steps to bring her back home.

6. Filing cases on each other will only damage the relationship further.  It is best both of you forget your faults and see the positive things in each other otherwise life will be difficult for each other and for both the family members.

7. Yes the court will look into the details of income and the actual maintenance required by her and may deny maintenance if she is actually employed and having sufficient funds to maintain herself. 

8. If she is not willing for RCR and not giving divorce then you have to file a divorce petition and contest the same and get the divorce.  There is no other way out.

9. Yes. True.

10. The court will grant you an exparte order on RCR and if she fails to comply the RCR order then you have to file divorce petition.

11. You can file RCR in Bangalore but if she files a transfer petition to transfer the case to WB then your case will be transferred to WB.

12. Your presence is important in family court.  You cannot authorize your lawyer to attend to this.  In certain matters power of attorney can be given in favour of relatives to attend on your behalf.

I dont know she is currently working or not as she has taken back the experience letter and certificate from Bangalore.

In no way I want dont to go there and fight. Firstly  I am working in a private company and company will not allow me so many leave. I may loose my Job. It will be difficult for me.

Also her family persons are not good and can do anything if I go there.

Can I transfer the CRPC petition.

There family is no way interested to talk as earlier when we used to call they used to shout in phone.

What is Vakalatnama.Can it be done for the lawyer to be present in court.

Sh. Krishnaa has summed well all your questions. I will add up ;

1. If you can show life and limb threat by going to WB then you have a case in hand. Moreover it is filed in SC and not in FC Bangalore.
2. Alternate is to pay conveyence / lodging expenses to her to come to Bangalore FC to contest your RCR.
3. She can easily get transfer of yoru RCR from SC to her home town ! This part of reasearch I suppose you missed out :-)
In overall you have done good research and planning is all right but as Sh. Krishnaa guessed rightly you have a weak case in hand and we all are not aware what is the exact 'reason' she deserted you !
Rgds
 

Hello,

Thanks for the great suggestion. Also is there any possibility of Video Conferencing facility as travelling from Bangalore to WB is a big problem and also life threat is there in WB.

no one told me about ...

What is Vakalatnama.Can it be done for the lawyer to be present in court.

Hello All,

As she has send CrPC 125 and told to appear in the Court in Kol.If I dont appear in Court what will happen ?

Also any Video Conference facility is avaliable in Court so that I can fight from Bangalore itself. Any alternative option rather than me personally attending the court.

Her school is not providing me with her School Certificate details.Can I approach legaly to get it and if so how ? 

If I file RCR and she is not read to join her matrimonial home then does it means desertion. Then will it mean then also she will get maintainence.

1. Hire a local Advocate as enough feedbacks (read research you have done and been helped with as per all abv. answers). Let others also ask questions respective to their cases.
2. VC is based on available infrasturcture of a particular Court as well as at your end (to vouch you under sworn oath as you can't be on live on cam sitting at your bedroom, it has to be a public servant office that also it is sync. during office hours) and valid reasons needs to be shown to get it approved first of all. Here advise of a local court Advocate comes handy hence follow para 1. I have yet to come across domestic VC allowance by an Indian Court in matrimonial suits though NRI being allowed of VC in few cases are there.
3. (S. 125 CrPC interim) It will be exparty after proof of service report.
4. Ever heard of RTI to seek public information. Legally you may get it under S. 91 CrPC but post interim maint. stage as it is considered only after interim maint is ordered. Int. is prime facie not required evidences such as you asking here.
5. If you file RCR she can file for civil maint under S. 24 HMA as well as she may even file maint. under DV Act so it is better now that you get in touch with a local advocate and start the implementation part of all above research that you have done till date before it becomes overreasearch though net only.
Rgds.

u can contact me for help if u need at my no. 9871158578

I have some questions :

1) If I dont appear for CrPc 125 proceedings then will it be ex-parte or what will happen ?

2) I have talked to one lawyer regarding me not physically present in the court.I got the reply I will be required only for evidence stage or if we request that court that we have some genuine issues then give permenent incharge on behalf of me.