hi, request learned members to please advise on my situation, i will be very brief and to the point, i will really appreciate your advises, she filed case in family court
1)she filed rcr after that i filed for divorce and then to take revenge. she filed crpc 125 and then she filed DV after 8 months of filing RCR and one year of separation
5) i regularly paid maintainence under hma 24 (RCR case) now case is over so stopped paying, DV and 125 still running without any orders
Her RCR dismissed by judge on following grounds:
has respndent (husband) deserted wife without any reasonable cause -------------no
is the petitioner wife elibile for RCR decree................no
relief and expenditure--------------------dismissed
the petitioner wife has accepted that she was working in a pvt company
she has also accepted that she has filed DV and 125 cases
she has also accepted that husband had a pvt job and was working in night shifts
husband has alleged various acts of cruelty by wife in his court statement
the allegations and counter allegations are so long, that it doesnt seem that the wife has forgiven the husband
the petitioner has also argued that husband is constantly working in night shift, and the respondent says that it is impossible to change job due to private job and he doenst have a choice option. so it is impossible for both to stay together
also, looking at various cases going on and divorce case also pending. the parties cannot be forced to stay together
the petitioner is therefore not eligible for RCR decree.
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request members to please advise.
how can i use this judgement in my DV and maintainence cases?
since the court has said that the 'couple cannot be forced to stay together owning to multiple cases and pending divorce case' can this statement help in my divorce case
the court has also observed that - the respondent husband has not deserted the petititoner wife without any reasonable cause- does this also mean that the wife herself has deserted the husband? though such specific words have not been used.
can i get an advantage in my maintainence cases on the baisis of this judgement.
i would indeed appreciate your kind advises
thanks
