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kiran (sr developer)     01 August 2014

Wife allowed dv alomany and rcr

I m Husband married in apr2009. She stayed with me for 40 days in first 6 months. Then lived at her father. in July 2011 she came to my house with plan of 498. I refused and told that ' I want divorce' as she left me for about 2 years. But she filed 498 and then I filed divorce. Then she file DV. Now 498a still proceding. In DV maint 8000 awarded as quantum. and in divorce her RCR allowed. Now I want to go to high court. My ground is deserstion for 2 year and cruealty...Can I appeal in high court. against RCR . and can my maintainance can reduce in session court in DV case.  Pl Help



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 9 Replies

Laxmi Kant Joshi (Advocate )     01 August 2014

Your query is very confusing nor you neither she had filed RCR then how the court had passed the rcr decree in her favour? when she had filed 498A against you then why she had filed rcr case ? , Yes you can make an appeal against the huge maintenance passed by the lower court.

kiran (sr developer)     03 August 2014

she filed rcr in reply my divorce application.

kiran (sr developer)     03 August 2014

she files 498, DV, & RCR too. In DV rent consider in alomany. But in Divorce case(RCR) judge order RCR.I cant stay with her as she already demanded 15 Lac and can try diff ways to get huge amt. In both case judge even underestimates my evidance and points in arguments. In DV she admitted that since 2009 we dont have domestic relation. we present SC and HC case law but judge ignore it and sanction alomany.

T. Kalaiselvan, Advocate (Advocate)     03 August 2014

You have not told about the fate of your divorce case, whether it was disposed, if so, whether it was dismissed, and if dismissed, whether you have preferred an appeal against it, if so what is the status of the same?, by giving vague details, don't expect us to be astrologers to give you opinion to the queries you have in your mind.  You may clarify the sundry details from your advocate itself.

fighting back (exec)     03 August 2014

confused and garbled up query by the author,, dont know why the author is mixing up his thoughts.?

kiran (sr developer)     03 August 2014

I m tring to explain that there r 3 cases 1.divorce..I applied for divorce on ground desertion and in reply she asked RCR under sec 9.after evidance.divorce disposed and her RCR allowed by family judge. In this I want to appeal. 2. she put 498 which is still proceding. 3.In Dv after evidance Maint allowed 8000 including rent. no seperate residance allowed. In this I m appealing in session tring to dismiss dv. my Q. what is procedure to avoid her to come in home. (as she will try to send us in jail with false alegation to fulfil her demand of 15 lac) 2.Can I Take stay on RCR in HC. can u suggest good and affortable adv in mumbai HC for divorce appeal.

(Guest)

@author,

 

1. You are very confused person similar to your query.

 

2. A/t your query it is not clear that when she had filled dva 2005. At first instance you are telling that seperation is of two years then how her dva 2005 has been entertained is my question to you.

 

3.Divorce can't be dismissed prior to Rcr when each case is going on seperately. If both cases been attached before same court then according to the facts and evidences led before court your divorce msy be dismissed and her rcr been progressed to her favour.

 

Try to read the judgement of rcr, you will get the clue for appeal within 30 days of order.

 

4. By rcr judge can't force your wife to live with you or you have to take your wife with such order.

 

5. A/t her dva suit she has been ordered for Rs.8000/- as maintenance including rent to residence. Then, here your worry is unworthy. 

Reasoning:

She can't give a plight for residence and to live with you, which she had already got through dva.

 

6. Request to all querist, plz not use abbreviations of divorce case with "dv"as it sounds domestic violence case ref. To pwdva 2005.

 

7.No lower court judge can directly refuse the judgements of HC and SC, IF they do so, then they have to cleary indicate in the order sheet as why that judgement was not taken as ref. To your particular case.

 

8. Now, you have two cases fof revision/appeal, one Is her rcr and 2nd is her maintenance under dva.

 

9. Take out the certified copy of entire order sheet and have the rechecks to avoid any doubts to make further strategies.

 

10. Next time, plz don't put extra confused query without cause of occurance, sequence,  and your prey with actual derrived results.

 

Good luck,

ESIS

great india (manager)     04 August 2014

If rent allowed why she will come and stay. If she wants to come and stay ask hon.court to reduce rent in leiu of accommodation. If she files dv stating threat to life, you argue of allowing her to enter your residence and show willingness to provide alternate accommodation. If she acts smart, take a rental accommodation in near vicinity and ask court to send her there to join you as per her sec. 9 hma rcr... She doesn't then you can strengthen your case. In her dv prove case filed with malafide motives and she approached wid unckean hands as she wanted property and not cohabitation as she not willing to join rental accommodation. Hope thats enf 4 now........ Go thru 100 past posts...... Ull get ur ans automatically..... Gud luk

kiran (sr developer)     05 August 2014

Dear all,

Thanks for reply


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