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Sanjeev (Designer)     09 May 2014

Help::Wife files maintenance, divorce, sec 25(permanent alimony)

Dear Experts ,

I got married in July 2010 and got seperated by my wife in 2011 after 1 year due to dispute with me and family .Also she has hitted my family member .

This was a love marriage after 3 years . Wife filed complained in 2011 in mahila and then when i came and discussed with police , and reached to higher authorities , then wifes and there parents taken there complained back stating that they will only go to court .

Maintanance case filed in 2011 , Divorce in 2012 , they have not followed both and their divorce case got dismissed.They have pursued their maintanance case now in 2014 . I tried a lot to get her back during this period .

I have also filed RCR in 2011 and still open but both have not pursued the same .

Now she has filed the fresh divorce and sec 25 for alimony.she is working with 45000 per month , my salary is 1 L per month .

she is working since last 5 years . 

No interim maintenance till now as next hearing would be first hearing actually after 2 years in sec 125. 

Q1: Should I take my RCR . or what to do . Can i use it somehow. practly it is not possible to take her back and she does not come for sure i know.

Q2: Is there any chance of of interim maintenance to wife ?if yes what should I do to protect ?Can I submit her internet download ITR .Would it not be in cyber crime?

Q3: Should I file counter to divorce now or should i fight maintanance first and delay divorce now?

Q4:What approach should I take for Sec 25 .

As there first divorce was dismissed due to non pursual  by there lawyer so would that help me anyway.

There are many points in each case which are completely false , can i do something for that?

Please suggest ASAP as I need to prepare with answers this month only .

Sanj



Learning

 2 Replies

Gautam Kapoor (IT professional Studying Law)     10 May 2014

@Sanjev -Rcr needs to be taken back stating inspite of you constant appeals for union she has filed a fresh suit for divorce.Your lawyer needs to counter this that there is no need of interim as she is working and she cannot claim alimony under two statutes.You can Pm me  for other details which cannot be discussed in this forum.

Sanjeev (Designer)     18 May 2014

Thanks Gautam. I will. 

I will request laywers for advice .Its long back I have posted but no reply.

 

Request your reply and suggestions.


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