Ws for rcr
Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
My wife has filed an RCR petition against me without any adequate cause of action. She is demanding for a separate accommodation to join me. She has falsely stated that I had told her to leave my house. She has included 3-4 petty allegations in her petition related to not getting enough pocket money, no freedom to go outside, though this in fact was not the case at all.
In my WS, I have denied all her allegations and stated that I had not told her to leave my house.
I want to add certain statements/sentences in my WS that are most effective and of legal jargon. I want to state in my WS the following:
1. Ask her to provide evidences regarding neglect by me.
2. Ask her to provide evidences regarding her petty allegations. Ask her to make her stand clear with respect to all the allegations.
3. I want a WS Prayer like - Under the circumstances, no cause of action aroused and the present petition desires to be dismissed.
4. Again just verbally she has told me that She is ready to stay in my joint family provided I share my half salary account with her. How can I express and bring out the same in my WS. In front of the judge if I clarify the same and offer her my half salary then I am sure that She will not deny and get ready to join me even in my joint family.
Please provide me your valuable suggestions on the above listed issues.
Also, please provide any other valuable inputs or suggestions regarding drafting a WS.
Also, please let me know that Is Interim Maintenance applicable, if her petition is dismissed.
Shonee Kapoor
(Expert) 24 December 2011
She has to provide evidence of what she stated so no need to add that, and also you can add what you want in your prayer clause.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 25 December 2011
Gentleman you do not need to make any such amendment in your W.S. as the law itself will ask her to prove all those alleviation made by her in her petition and denied by you in your W.S.
Querist :
Anonymous
(Querist) 25 December 2011
This is Anonymous again.
Can just explanation regarding allegations is enough to prove the allegation as I have heard that the Family Court Judges, if satisfied with the plaintiff's explanation can pass the judgement in the Petitioner's favour. Is any material or strong proof not demanded by the judges so as to prove the allegation.
I have also asked in my query above that I want a WS Prayer like - Under the circumstances, no cause of action aroused and the present petition desires to be dismissed.
Is this Prayer OK or the prayer can be anything more effective, in my story.
Also, please let me know that Is Interim Maintenance petition applicable, if her joint RCR petition is dismissed.
She has left her matrimonial home at her own will and has filed an RCR/Interim Maintenance Petition without any adequate cause of action. So, can starting from the first hearing itself, can the court order me to start paying her Interim Maintenance, When even now I am ready to take her back.
Devajyoti Barman
(Expert) 28 December 2011
Yes you can make such prayer.
The alimony pendente lite goes with the dismissal of RCR.
Querist :
Anonymous
(Querist) 30 December 2011
Respected Mr. Barman,
I am not able to understand the following sentence from your above suggestion.
The alimony pendente lite goes with the dismissal of RCR.
Please could you explain the above sentence in simple words.
