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Rcr/sec 24/dv act 2005

Querist : Anonymous (Querist) 27 December 2011 This query is : Resolved 
i filed rcr in nov. 2010 against my wife.she files for sec 24.and in april 2011 ,filed dv on all false grounds.their concil in rcr is avoiding/delaying to my evidenses and taking maintainance ,from last 3 dates.i complained/noticed this to court,and court give 0ne week date for 22 dec 2011.on this date,opposite council request to court for another date saying that respondent are willing for amicable settlement on next date but he taken maintainance (unwillingly).he said ,they are fed up of court and wants amicale settlement or M.C.D.,i aggred for compromise(either this way or that way) on next date. now my question is.........................---is aggrement is signed or affirdavit is signed for living togher also ? if yes it is not better to get sec9 decree or apply for divorce, now?because their written statement is false,that`is why their concil is avoidind cross.i thinks it is better to be divorced than staying together on the basis of affirdavit,but problem is i have to childs.PLEASE SUGGEST ME?
Shonee Kapoor (Expert) 27 December 2011
First thing first, decide what you want.

RCR decree would still take a long time and also would have case going in appeal and all. Even after RCR Decree you would have to wait for ONE YEAR before you get divorce. Also all other cases would keep on running in this duration.

MCD you can get divorce within six months flat and you can get access to your child.

It is what you want, which would decide how the case should progress and what you should do now.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Querist : Anonymous (Querist) 27 December 2011
I KNOW VERYWELL THEY WILL BE NEVER AGREE FOR MCD THEN WHAT TO DO ON NEXT DATE?
M.Sheik Mohammed Ali (Expert) 27 December 2011
you conduct formal case.
Querist : Anonymous (Querist) 27 December 2011
m.sheik shab i cannot get u
V R SHROFF (Expert) 27 December 2011
If you can compromise, and live together, as u have kid, it shall be the best option.
Remember, nobody is wrong or bad, Few conducts, few misunderstanding and influence of interested party spoil relationship. Try to cut off the root of misunderstanding, and Life changes.
Don't jump on MCD etc.
i r paying mtn, it is going in your kid's exp, so don't worry about.
It may cost more, when they live with you.

Try to find what is wrong, and remove it.
Pleading in Court cases r 95% false on either side, so forget about it.

Adv Shroff
27-12-2011
Deepak Nair (Expert) 27 December 2011
Both Mr.Shonee and Mr.Shroff are correct in their stands.
It is up to you to chose what suits you better.
Whether to fight it out in the court or to try for a reunioin.
prabhakar singh (Expert) 27 December 2011
reunite for kids,they have not committed any wrong.
Devajyoti Barman (Expert) 27 December 2011
I also endorse of Reunion at least for the sake of the child.
Only if this is an impossibility then only go for divorce.


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