(Guest)

Wife not appearing divorce case - filed 125 separately

Question 1 - wife did not appear for one year now and case is for arguments stage. will the judge provide divorce decree in my favour?

Question 2 - I have not received notices for RCR, 125 - both cases, what will happen if i do not appear in both cases? will the outcome of RCR affect my divorce case proceedings?

Question 3: i am in a private job, and she does not have details about my salary slips..etc. i do not own any single asset. can the judge assume whatever salary my wife is quoting, and order for 1/3rd of my salary without any proof of the same. OR will the judge order amount like 5000 or 10000 randomly?

Question 5: our family is not reacting to any of her allegations, despite she filing 498a and trauma is going on, because of the child. she is taking huge advantage of it and made my parents move out of the town. it is my parents self earned property, and she is holding the key for the houses. i am willing to offer a settlement and ready to provide another rented house to my wife, but she is not vacating my parents house. how to vacate her from my parents house? can it be only done after divorce decree? can my parents initiate another case under that?

Thank you, sir.

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(Guest)

Originally posted by : ohmygodhelpus

Dear Sir(s), Divorce case is going on for last 2 years, but my wife stopped appearing for divorce case. And, i came to know that she has filed two other cases RCR, and 125 for maintenance in her native taluk few months back.

Question 1 - wife did not appear for one year now and case is for arguments stage. will the judge provide divorce decree in my favour?
Not necessary. Arguments then further arguments and then orders based on merits of case.

Question 2 - I have not received notices for RCR, 125 - both cases, what will happen if i do not appear in both cases? will the outcome of RCR affect my divorce case proceedings?
She will win RCR, but court cant force u to cohabit with her, she can file execution, court may attach property in your name to her. RCR holds good for 1 year only. If you dont attend 125 crpc case, court will pass some alimony for you to pay, whatever she has asked. You need to attend borh cases. If she wins RCR, your divorce pettiion will be dismissed.

Question 4: Funniest part is, she is still living in my parents home (separate house) and continue to threaten my whole family. it is self earned property of my parents. can the judge pass order in her favour to continue to stay in my parents house, through 125 case?
Ask dad to file civil injunction to thorw her out of the house. 125 crpc is got nothing to do with your dads self earned property, you still have to pay her.

Welcome.

(Guest)

Thank you sir for your kind details.

On question 2: Divorce case was filed 2 years back in one state by me, she went and filed RCR in her native state only few months back. There is a timeline gap. Divorce case expected to get closure in next 3 to 4 months according to my lawyer. RCR verdict might come after that. My lawyer is saying, she has to come to the state where divorce case is happening for contesting, and that too she has to go to high court for challenging judgement. In this scenario of two different states & RCR verdict coming later, how would it really dismiss the verdict of divorce decree provided in another state.

On question 3: If i go for appearance to her native, i may not return alive! So, i am thinking to take this case to high court for challenging verdict, if any unacceptable amount is ordered without proof. Kindly confirm if this is possible. I am willing to pay minimum amount for sake of child.

On Question 4: Can my parents file injection suite now itself or should wait for divorce case to get over?

Thank you, sir.

(Guest)

Thank you madam, for your kind suggestions. RCR and 125 has started recently, so i will go for appearance after completion of divorce decree. She is incapable of fighting in HC, as i have video recording of she beating, submitted in FC.

After seeing your post, i called a senior lawyer in my parents town, but he is saying, according to some laws, wife has right to stay in in-laws house, and suggesting me to file for injunction after divorce, we can get her vacated in few months then. Hope this is okay.

Thanks madam.

(Guest)

If it is self earned property of your parents, she can be asked to move out with police force. But if it is ancestral property, she has every right to stay there. She cannot be moved out.