Seek advice on divorce

Deepesh , anwer to your queries

1."Can high court impose a stay on divorce case I have filed in ADJ court"? -> Yes. they can.You need to vaccate the stay order.

2. Do I get any help in my divorce case from my win in RCR? ->Yes.surely you will.

3. IF I win the crpc 125 also (I am hopeful), what help does it offers in my divorce case? OR how these 2 wins can be utilised in divorce case? -> on what grounds you think you can win the maintenance case, is she working, Has she deserted you,did she live in adultery.Your grounds on RCR will surely hold ground but you still need to maintain your children.

4.Can decision of crpc 125 can be challenged in high court? -> If you think the amount is high, it can be revised. Always better off to fight tooth and nail in the lower courts.

5.how much time does high court takes to review the decision of lower court? And do we need to appear for witness again in high court? time - cannot be answered correctly. if it is vaccating a stay order, witness is not required,your lawyer can represent you,but if they try to reopen the case,yes witnesses are required.

6. Do I need to pay maintenance to my wife and daughters? (even after Wining RCR and CRPC 125) ->  By virtue of your winning the RCR you can deny her maintenance but you need to maintain your children (no other go)

7.With RCR and CRPC 125 done, how much time should take to finalise section 13? (if it is not mutual and she wants to keep me hanging) -> CRCPC 125 has no link with your divorce. RCR does have a bearing  on your divorce. She may challenge the orders of the lower court in the high court  firstly with a stay order, but in your case you sure have a edge though it may take some more time.

in what stage is your Divorce ? Is your wife attending court proceedings ?

Sir, Thanks for your response. Please allow me to ask a few more questions.....

Immediately after I have submitted application for Section 13, She asked for interim Maintenance, Her application was rejected saying that, it is proved in the same court that you have deserted your husband on your own.

We are waiting for 1st appearance in the court pertaining to section 13.

1. Your answer 1 : (Yes. they can.You need to vaccate the stay order.)  How can it be done and how many court dates will be requiredto vaccate the stay oder? Again, are the parties (me and my wife) are required for the process or it will be done by our advocates only.

Point # 3 : She is working but I dont have any documentary proof. She is working as an "Off-Roll Employee" and hence no proof of her employment. However I know where she is working. Is there any way I can prove this in court? She is not leaving in adultery. The main cause of our separation is her obsession towards "Sahaj yog of Nirmala Devi". She is obsessed with the community to the level of Madness. and it is proved in RCR. All her allegations were proved wrong in the court. I have solid documentary proofs against all her allegation.

New Point : It is already proved that she has left me on her own and I didnt do any wrong with her (RCR win and 125 winning hopefully). Now upon finalisation of section 13 proceedings, do I need to pay any maintenance or settlement amount to her? If Yes, how much? Will the amount have any link with my Salary, my savings, My fixed and floating assets and ancestral property (we are 3 brothers and 2 sisters and mother, my father died few years back) which is still in my fathers name.

Thanks in advance for your advices.

Regards

Deepesh

Sir, Thanks for your response. Please allow me to ask a few more questions.....

Immediately after I have submitted application for Section 13, She asked for interim Maintenance, Her application was rejected saying that, it is proved in the same court that you have deserted your husband on your own.

We are waiting for 1st appearance in the court pertaining to section 13.

1. Your answer 1 : (Yes. they can.You need to vaccate the stay order.)  How can it be done and how many court dates will be requiredto vaccate the stay oder? Again, are the parties (me and my wife) are required for the process or it will be done by our advocates only.

Point # 3 : She is working but I dont have any documentary proof. She is working as an "Off-Roll Employee" and hence no proof of her employment. However I know where she is working. Is there any way I can prove this in court? She is not leaving in adultery. The main cause of our separation is her obsession towards "Sahaj yog of Nirmala Devi". She is obsessed with the community to the level of Madness. and it is proved in RCR. All her allegations were proved wrong in the court. I have solid documentary proofs against all her allegation.

New Point : It is already proved that she has left me on her own and I didnt do any wrong with her (RCR win and 125 winning hopefully). Now upon finalisation of section 13 proceedings, do I need to pay any maintenance or settlement amount to her? If Yes, how much? Will the amount have any link with my Salary, my savings, My fixed and floating assets and ancestral property (we are 3 brothers and 2 sisters and mother, my father died few years back) which is still in my fathers name.

Thanks in advance for your advices.

Regards

Deepesh