amit (Consultant) 23 June 2012

Traped - rcr against my wife and section 125 hma against me

I got married two yrs back 2010 ... last year 2011 my mother attempted suicide just to threatened her and I asked my wife to change the statement in front of the police that by mistake my mom had consumed the poision. then things did not go well after tht incident ...my wife left the house after 4 months. but she came back after 2 months on her own, but I and my parents do not let her enter the house... and refused to take her back . and had a major fight b/w the two families. on the same day she approaced State Women Commission on 14 th of March2012. and I refued there also to take her back and the letter was issued to her tht husband is not ready to take her back, which is true... and she went back to her parents place... then after 1 months on 14th of April i filed for an RCR section 9 ... . as her lawyer appeared in the court on her behlf and she has applied for a case tranfer also filed section 125 maintenance against me.... I want to know:

is it imp for me to present for the hearing in delhi, and is there any excuse tht I can make not to present in the court....how can I delay for both the hearing... or can i file for crulety or a divorce from my wife...

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Tajobsindia (Senior Partner ) 23 June 2012

Originally posted by :amit
"	is it imp for me to present for the hearing in delhi, and is there any excuse tht I can make not to present in the court....how can I delay for both the hearing... or can i file for crulety or a divorce from my wife...	"

1. In Delhi's Family Courts it handles S. 125 CrPC as wella s RCR now-a-days. The good/bad of Family Court procedure is that it sends parties to Counseling. It is upto either party to agree to attend or not to attend (refuse for conseling) dependent upon what either party wants out of the marriage. Hence when Family Court on first opportunity post admission of case instructs parties to attend compulsory counseling then on that days hearing your presence is required and or one can give affidavit via pleader for inability to do so. It will nto go against you as counseling is a beneficial process flow under Family Court practice procedure.

2. On Evidence / Cross-examination dates your presence is required and on other dates you can always seek exemption citing valid reasons and get self appearance not required allowed via a pleader.

I am not touching RCR as got mentioned in your brief as no question asked about it.

[Pleader = Advocate of yours]