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Originally posted by : amit |
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hi, my wife has a proof tht i did not let her enter the house, also discontinue to take her responsibility, then she approached Women commission... then aslo i refused in front of the chairperson to take her back ... and she has a letter of WC tht i refued her.... XXXXX
plz tell me if i do not apperara in the court or do not give any improtance to the court notice for 125 crcp ... wht will be the consequences in the 2nd or 3rd notice... and if we do not react on the 125 notice., may be after some time she will give me divorce just out of frustation, |
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Originally posted by : amit |
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Hi Never Give Up, I filed for an RCR because, if i have to file for a divorce, then i should have some proof to divorce my wife.... also, i will be forced to pay her the alimony.... so i thought if i file for an RCR, and if she do not want to stay with me , she will send the divorce paper , then i do not have to pay her the alimony.... |
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@ Author of this thread post,
[ha ha in whose Chamber you learnt these as great Indian matrimonial trick !]
1. Alimony ball game is dependent on not these set of alleged facts as you were told and you are acting upon them.
2. If you don’t attend for three consecutive next hearing dates in S. 125 CrPC proceeding Court then it will be ex-partied even if reconciliation was must (only under Family Court Act established Family Courts mind it and not if S. 125 CrPC was filed before ordinary Distrcit Court and an Magistrate Court is tryign it out now). Means whatever prime facie she has said via her Applications she will get it as Interim relief ex partied against you. The (arrears) a/c of interim relief will be live till you pay that. It also depends upon her sides strategy - Execution and further proceedings she carries there like BW / NBW or Jail term with diet money paid on your behalf by her which is pittance now a days whatever comes to her sides mind next etc. have you read her mind BTW kya !
3. Now if you have been told to avoid all these wishful thinking that she will give you divorce eventually if you avoid S. 125 CrPC proceedings then in my opinion no honey gives away her rightful rights of money so easily in pan Indian average case studies said it. Until arrears are cleared the case cannot even be withdrawn by her. Even if she says “I’m voluntarily giving up my rights to maintenance after arrears gets accumulated” no State’s Secretary can write I agree on such withdrawal. And mind it its Chief Secretary or State’s AG who has say that in writing not any Tom – d**k and Harry.
4. Divorce proceedings is separate case and has no relevance to S. 125 CrPC which is claimed for seeking by her maint. (interim and final). Unless arrears in S. 125 CrPC paid up I don’t think she will whisper to you that “let us waive it off” even so she is not authorized to do so!
5. If you do not want her to come back right from the beginning then RCR is not the right tool to use in bedroom. One side she has some evidence from CAW or Police that "you have refused to take her back" and other side you spent money on RCR filing which to me does not fit well in strategy that you are following until now.
6. In your RCR suppose your darling whispers right in front of Judge "yes I am ready to go back" and Judge also directs both of you to go arm in arm right now from Court premises and dismisses your RCR on that note then what will be your next strategy right in front of Court and or what happens to your divorce ke laddu ke sapney! You cannot give any condition to wife in front / back of Judge to your own RCR ha ha Now don’t say she will not say so, you still haven’t known your wife and in due course of meeting her in Courts you will know her little better J
7. Lastly some HC did say that "deserted wife not eligible for alimony" well read that Judgment and tell yourself are those facts similar to yours ! NO, bze you yourself said in some quasi proceedings i.e. before CAW / Police that you don’t want to take her back – right, so I will say yes you are rightly trapped in your own sweet web.
PS: Your "refusal" has to be valid in consonent with S. 125 CrPC objects.
Under Section 125(4), Cr.P.C. the wife is only disentitled to receive maintenance / alimony;
- if, she is living in adultery, or
- if, without any sufficient reason she refuses to live with her husband, or
- if she is living separately by mutual consent
None of the above three are whispered in your own two briefs so how come divorce will happen and she will get frustrated if maint. is not paid!
Enjoy time being this laddu also ............
