divorce
Querist :
Anonymous
(Querist) 25 October 2010
This query is : Resolved
1.My wife(BA arts+bsc now 3rd year hotel mgmt student) complained to police regarding mental n physical torture on 31-july-2009, FIR was not registered. Me, my wife & a maid used to stay, my parents stay in mumbai.
2.Complain was withdrawn on 01-aug-2009 after discussion with relatives.and was asked by police that both parties to do their respective work n stay in harmony.
3.my wife took back all her stridhan in front of the police officer but i forget to take any receipt for the same, as i was in great panic.
4.I work on ship after some time left for ship and decided not to stay with her again, as i lost all faith n trust on her.
5.after i came down from ship, told mthe maid to leave, also wife left for her parental home.
6.i lodged diary with local police station, superintendent of police of her desertion.
7.Sent her a legal notice, for her to come bk, notice was refused.
8.on 12apr2010 my lawyer filed for divorce.
9.2 summons issued till date, not recvd by wife, as she was in out of station for training.
10.27-09-2010, she filed 125 crpc,produced one of my salary slip 6 months ago,asking maintainence for 80k per month.
11.i work on contract basis, salary around 2lac per month.
12.i have 2 slip disc, with MRI report, also no permanant job,no salary recvd when at home.
13.hearing is on 22 nov 2010.
14.Can i change this divorce which i filed to RCR.
Devajyoti Barman
(Expert) 25 October 2010
First of all if you have sent her legal notice to come back then your suit for divorce is not maintainable at all. You letter for reunion has condoned all the acts of cruelties you may have alleged in your pleading.
As you seem to earn a handsome income, you are likely to be ordered to make maintainable a good sum of money, if not 80k. The RCR can not avoid maintainance and hence purpose would be served by converting the case.
Querist :
Anonymous
(Querist) 25 October 2010
1.legal notice for her to come back was sent with an intention to file RCR.
2.lawyer who filed the divorce petition has not mentioned, regarding the Notice sent on the petition.
3.I intend to study for some 2 years and discontinue my job because of my slip disc problem, will that help to lower down my alimony.
4.also how can i prove that my wife took all of her stridhan.
Raj Kumar Makkad
(Expert) 25 October 2010
As you have already lost faith and trust in her and want to get rid of her and accordingly have also filed petition seeking divorce from her then why to change mind just to avoid maintenance which is her constitutional right and the same shall be awarded in her favour. The quantum of maintenance may differ but this shall be awarded in her favour. It is better to persue your ongoing case vigorously instead of changing its nature at this juncture.
