Ways to extend the mc case

If wishes were horses, beggars would ride……

1. If she is not qualified, not working and unable to maintain then Court will grant her maintenance. Whereas if she is qualified has been working and now sitting at natal home then only due to technical arguments no maintenance a ld. Court may award and not otherwise. How much etc. have been well discussed in previous so many discussions here, refer to them.

2. If she did not appear in her own case for so many months then your side should have after submitting reply prayed for dismissing her case due to her non-appearance. Matter could have ended then and there.

3. There are no ways that the case can be put on hold for 1 more year is my view, unless; on next date you via your advocate file your medicals and seek adjournment and on next date your advocate does not make an appearance saying he was sick and you appear and seek adjournment and then on next date you appear and plead that you changing advocate stating he left Bar membership or your own and seek adjournment and then on next date when new advocate comes he may plead Lord I need to study file as I was 2 minutes ago hired and seek adjournment and on next date your new advocates pleads that your 16th. Uncle died hence he could not seek instructions from his client (that is you) and seek adjournment and on next date you appear and say Lordship I gave instructions and probably my 2nd. advocate prepared the reply but his daughter marriage is today so he didnot appear in court grant adjournment and so on your scriptted story will move on whose writer you will be. But, Ld. Courts understands all these stories quite well.

4. Pan India if I recall court case management then each adjourned date comes after 2 months whereas Law says as far as possible MC to be disposed in 60 days.  

5. You may (miserably) being on other side of Law  may succeed for the time being with your designs. BUT, if maintenance is ever awarded to her it will be awarded from date of her filing her MC Application which your brief says was filed 1 year ago henc enow add your success story of 1 more year to it and that makes you date back to 2 years when time comes to meet – pay arrears to her on a maintenance award if it is awarded.

6. Sit and decide cause – effects from above reply if such gimmicks actually helps you in making a case out of her 7 days stay with you and were delays now planned to pen by you actually worth?

OR , think, if both sides sit and amicably end their relationship with Mutual Consent divorce by coming half way, will it not save precious youth, precious litigation fees, mounting MC arrears, Appeal costs and if fate has not re-marriage meant written for her as projected by you and then she files adversial cases then what may happen to your clues taken from replies?

hence, think deep and take necessary productive steps when case(s) of parties are still in Civil domain. Civil litigation is civilian art and not art of war !   

@ Author 

Patience is  the call of the day .

1. As you say they are looking for alliance for her hence all you have to do is stay calm meanwhile carry out girl hunting for your self if you wish to marry again .

2. Now if she gets a proposal first and is desperate to get married let her come to you with MCD terms and you can dictate you terms of no alimoney to her . Else if maintanence case is on state your terms of monthly alimoney .

3. When 2 nd marriage takes place monthly alimoney ceases .

And Believe it or not the below suggested ways of seeking adjournment by our Learned friend Mr Tajobs  comes through experience only 

There are no ways that the case can be put on hold for 1 more year is my view unless, on next date you via your advocate file your medicals and seek adjournment and on next date your advocate does not make an appearance saying he was sick and you appear and seek adjournment and then on next date you appear and plead that you changing advocate stating he left Bar membership or your own and seek adjournment and then on next date when new advocate comes he may plead Lord I need to study file as I was 2 minutes ago hired and seek adjournment and on next date your new advocates pleads that your 16th. Uncle died hence he could not seek instructions from his client (that is you) and seek adjournment and on next date you appear and say Lordship I gave instructions and probably my 2nd. advocate prepared the reply but his daughter marriage is today so he didnot appear in court grant adjournment and so on your scriptttt story will move whose writer you will. Ld. Court understands all these stories well.

@ querist,

I agree with Tajob's reply..!!!

There is no benefit to you for draging her case since maintenance may be allowed from the date of application,you would be overloaded with arrears.

Better talk to her give lumpsum amount and get part away by MCD by withdrawing all cases on you.

You don't have any reason to continue with this lady for life time...think over it.

If you will give arrears plus maintenance ahead that will be equal to lumpsum amount for MCD,So,better part away amicably.

Sir Thanks for your reply on this. Point 3 will be much more helpful. I dont want to sit and settle anything as they demand money in lakhs beyond my capability. I can spend to any of the court proceeding and will not leave a single penny fall to such cruel and cunning people like my wife. I feel adjournment is the only remedy to this case

1) My wife is a PG graduate and she stated in the MC petition that she was earn upto 4 lakh per annum. Now to extract money from me she is undergoing an additional PG and doctorate as distance education and not working. She has a own house and 3 houses for rental. Her father gets pension from military. she has all ability to maintain herself.
2) She wantedly left the matrimonial house and I still wanted her to come and live with me. For that my plan is to file an RCR at the neck of the moment ( before filing counter for MC case) after one year
3) All the allegations mentioned in the MC petition are false and they are framed to desert me.I will call her to prove all the statements in the petition in the open court

Please let me know if in case maintanence will be awarded based on proving the above 3 grounds
 

@ querist,

Does anything cost you to not write the full body of your case as in second post you have mentioned the vital informations about your wife.

DO you think LCI memember's are Astrologer or Aghori Baba's who could guide you without knowing the exact fact and circumstances and case.

A sincere advice to you & all querist------don't put half query,else you won't receive the relevant and correct suggestions.

regards.

Apologize. Mr Tajobs or yours reply on this will be much appreciated.

Originally posted by : silverster
	Apologize. Mr Tajobs or yours reply on this will be much appreciated.

Tajobs does not agree for apologies in kind but now in cash you would have to pay him 

And yet your query is incomplete as you state that she has one house okay and 3 houses on rent ( Do these three rental houses or horses belong to her or her father or her ancestors would have to be confirmed  ) .Is the rental of the three houses going into her account.

Her father getting pension from the military has no relevance to a maintenance case as his daughter is a major and has been married to you.

I self quote in case you missed reading,

“1. If she is not qualified, not working and unable to maintain then Court will grant her maintenance. Whereas if she is qualified has been working and now sitting at natal home then only due to technical arguments no maintenance a ld. Court may award and not otherwise. How much etc. have been well discussed in previous so many discussions here, refer to them.”

BTW, I appreciate those queriest when queriest read down replies attentively placed here in forums by repliers and not stick to OTC replies, reason being it saves on queriest own understanding / action levels.

OTC = Over the counter

Illustration of OTC application in context herein;

1.    You and your lawyer missed getting her prayer dismissed when there were no-show / non-appearance by her.

2.    When you know special facts of her education, she worked – working, rentals credited to her a/c whose trail you should bring as material record not simply allegation then should have filed reply accordingly and got her prayer for MC dismissed by strong arguments showing precedents of other Courts if not same State HC as per acumen of your Lawyer.

3.    Uss sat din jo who rahi apkey sath uskey liye aap agley sat varsha apana laga rahey hon aab This is called fun of application of adversial Laws unknowing to once own self.

4.    RCR free mein apka Lawyer file karega!.

5.    Now if I say it will be dismissed then what good it will bring in your marital status – nothing!.Reason she will still be eligible for claim for S. 25 HMA (final alimony).

6.    Paisa toh apka lagega fir bhi.

7.    Kafi hai ki aap kutch aur janana chahtey hai merey sey?

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