Max (TM) 26 July 2013

Divorce

Hello Respected Experts, I got married in 2009. After completing a month or so, the disputes were started between me and my lovely wife. I used to stay away separately from my parents after marriage and my parents used to stays 60 km far away from where I lived. After a month or so, my lovely wife disserted me and went to her parents house without any valid / genuine reason. After that she had file a case under CrCP125, which was running since last two and half years and the judgment came recently a month back by rejecting her maintenance application by Family Court. Before the judgment came recently, 6 months back, I have filed RCR against her to bring her back at my place. She is running here and there for challenging the judgment of CrCP125 case. Though, I have filed RCR at my place and the case has not yet come on board, but, I do not want to cohab with her due to her and her parents greedy mentality. My query is as below: 1. Should I withdraw RCR and immediately go for Divorce petition due to mental cruelty by her after filing CrCP125 on me, which was totally baseless and her application was rejected by the Family Court? 2. If suppose I can go for filing Divorce Petition by withdraw RCR, what other actions she can take? Please guide. Max

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(Guest)

@ above,

What was your stength & idea in filing RCR even though you were not interested to live with her?

See if any chances of reunion is there then continue with RCR or else withdraw it and file a divorce based on mental cruelity and desertions.

You can utilize this false 125crpc case in mental cruelity. as allegations were baseless and to harrass husband.As she has deserted husband without any solid reason. If she would have any problem then definately she wld have gone for DV. but she only claimed 125crpc. Hats off to her.

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(Guest)

@ above,

What was your stength & idea in filing RCR even though you were not interested to live with her?

See if any chances of reunion is there then continue with RCR or else withdraw it and file a divorce based on mental cruelity and desertions.

not as of now (not as of now) 26 July 2013

Max.

Can you upload the maintenance judgement copy please

adv. rajeev ( rajoo ) (practicing advocate) 26 July 2013

You can file divorce petition by withdrawing the RCR. You will have to prove the petition averments.

Max (TM) 26 July 2013

@adv.rajeev, what all i need to prove? Pls. Guide.

adv. rajeev ( rajoo ) (practicing advocate) 26 July 2013

If you take the divorce ground as mental cruelty, you have to prove it.

Max (TM) 26 July 2013

@sufferer, sir, if she would have any problem, she would have discussed with me. She would have not set at her home and file a case. There would be some wrong intention for exorting money by harrasing like this.

Max (TM) 26 July 2013

@adv.rajeev, sir, the false allegations under CrCP125 which got dismissed is not the valid ground for divorce. The way have suffered in chasing to prove that i was not wrong in CrCP125, would it not be considered as mental cruelty? Pls.guide.

(Guest)

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that's why my brother,i have told you to withdraw the RCR and file divorce on mental cruelity as alegation in 125crpc along with any reasonable reason of desertion by her. Before she files another bunch of cases like dv and 498a better file the divorce petition to protect your self and even to get rid out from her. Contest your case effectively.Hire a gud and effective lawyer and fight your case by tooth nad nail if you want to lead a peaceful life ahead.

M V Gupta (Advocate) 28 July 2013

in the circumstances staated by you, u do not have any instances to cite for mental cruelty except the 125 application filed by ur wife. Her action in filing the petition for maintenance may not be regarded as mental cruelty by the Court. It may consider it as a misguided step on her part. So the other ground left for u to plead for divorce is desertion. In order to strengthen this ground, u should write to her to come back to ur house. Hope u have laready done this and she had refused to come to u. This would be a strong ground to support ur case for divorce on ground of desertion. If u finally decide to go in for divorce, u should withdraw RCR applicationj.

Max (TM) 06 August 2013

Sir, if suppose, I withdraw the RCR and file for Divorce Case on the ground of desertion and mental cruelty based on false case of 125 CrCP, will she go for filing another false cases on me or my family?

please guide

M V Gupta (Advocate) 06 August 2013

If ur wife is bent upon harassing u she can do any thing. Be fortified by all evidence - documentary and other (like direct witnesses to vouch ur good conduct with her etc ) evidence to defend urself in such an eventuality.

(Guest)

Originally posted by : Max
	Sir, if suppose, I withdraw the RCR and file for Divorce Case on the ground of desertion and mental cruelty based on false case of 125 CrCP, will she go for filing another false cases on me or my family? please guide

Do not withdraw RCR. as I have already told above, win RCR first, then file for Divorce based on willful desertion by wife.

(Guest)

Originally posted by : Max
	Hello Respected Experts, I got married in 2009. After completing a month or so, the disputes were started between me and my lovely wife. I used to stay away separately from my parents after marriage and my parents used to stays 60 km far away from where I lived. After a month or so, my lovely wife disserted me and went to her parents house without any valid / genuine reason. After that she had file a case under CrCP125, which was running since last two and half years and the judgment came recently a month back by rejecting her maintenance application by Family Court. Before the judgment came recently, 6 months back, I have filed RCR against her to bring her back at my place. She is running here and there for challenging the judgment of CrCP125 case. Though, I have filed RCR at my place and the case has not yet come on board, but, I do not want to cohab with her due to her and her parents greedy mentality. My query is as below: 1. Should I withdraw RCR and immediately go for Divorce petition due to mental cruelty by her after filing CrCP125 on me, which was totally baseless and her application was rejected by the Family Court? 2. If suppose I can go for filing Divorce Petition by withdraw RCR, what other actions she can take? Please guide. Max

The Honorable Family Court has rightly dismissed her 125crpc application. Congratulations on that one. Now with regard to withdrawing of your RCR. DO NOT WITHDRAW THE RCT PETITION, LET THE RCR PETITION COME IN FAVOR OF YOU. Then based on that RCR petition where it is clear to the court that your lovely wife does not want to cohabit with you and only just wants your earning by the means of alimony, you file for divorce based on willful desertion.