Contest RCR of ask for alternate relief (Divorce)

1. from Hindy Marriage Act - Bare Act 9small booklet) read Section 19 HMA your jurisdiction issue will get clarity. However if it is family court then you also need to read S. 7 (1) of Family Court Act R/w S. 8 FCA.
2. if she has some connection with Jalgaon city then she has rightly set the jurisdiction and even if she is challenged then it will be by HC but normally in transfer of courts a genuine reason not to go THERE is taken note of. Build that genuine reason and the jurisdiction is all yours i.e. Pune :-)
3. There is vital bar of unclean hands and perjury consult your lawyer and set the ball in motion but being matrimonial suits there two grounds for dismissal will be a hard ball to play and for which you need self support / self help ammo. undertsanding Law on the subject.
Rgds.
 

Hello sir,

 

Thanks for your Reply, Following is HMA 19

I am not clear about 3 point. Please help me understanding better, as I have little understanding of Law.

1. Does her parents home is in Jalgaon?
2. At the time of filign 498a was she staying at Jalgaon?
3. Is she currently staying in Jalgaon.
For my para 3 it is better to discuss showing it to your Lawyer.
Rgds

Thanks for your quick reply Sir,

 

Her parents home is in Jalgaon, and she is a working professional, doing job since marriage in Mumbari only. If that sole ground is enough for jurisdiction in Jalgaon.

 

She clearly specified in her RCR, "We stayed together in Jalgaon as husband and wife along with her parents and hence jalgaon court has jurisdiction". which itself is a wrong statement, because I never visted jalgaon after marriage and if i am not wrong, bird fly visit can not be considered as jurisdiction.

 

Thanks and Regards,

Vivek shukla

1. When a errant wife files a case it is like setting up jurisdiction as per "her wish" and Law sides her.
2. You are misisng the point here and unnecessarily extending the length of this thread. Have you been ever told by your advocate not to contest RCR bze she first files 498a and brands you all as dowry seekers and says that she was mentally tortured and cruelties happened bze of dowry so what on earth she wants to project by filng a RCR and who can ever bind a couple with RCR execution no court of law can ask you to stay with her even if she wins RCR :-)
3. Now pop a candy, go to movies and party and donot think too much on your 2 days old flying visit to Jalgaon and then trying to raise jurisdiction objections via expensive route of filing transfer of jurisdiction at HC and if you loose that then come to SC what for all these futile exercise just for an RCR !

Let her get RCR decree exparty, you contest and concentrate on 498a anyhow are you / yoru family planning to keep her at matrimonial home even after acquital from 498a kya ? If yes then raise this jurisdiction objections and burn little more money into it at HC trying to challenge which you are not supposed to challenge.

If you still could not understand then take printouts of these and discuss with your advocate.
Rgds

There should be equilibrium in law and justice and its should not be gender biased. Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES. It is a jungle raj and way to become rich on others money. If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON. Certain suggestions to preserve families and to save them:  No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.  No maintenance and alimony in the 2nd marriage if she has got it in the first divorce.  No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.  Compulsory mediation for avoiding long legal battle.  Law should be such that both husband and wife try to reconcile .  Law should not be favoring anyone to ensure that marriages are saved. Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years. DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice. Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation. The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months. For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case. Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any). Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court. MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE. Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws. FILE REPRESENTATION BEFORE COMMITTE OF PETITIONS OF RAJYA SABHA FOR CHANGE OF 498a TO STOP ITS MISUSE BEFORE 30.12.2010 If husband has a duty to maintain his wife then he must have some rights also and if wife has right of maintenance then she must have some duties also. The government of India who has enacted this type of illogical law has on its own part giving this type of maintenance/allowance etc. to citizens of India if they don’t have any earning/job etc. NO not at all. In NAREGA they are just giving guarantee of work for 100 days and wages for the days worked so this should also be applicable to husband and wife also. This blackmailing by wife's must be stopped forthwith.