shriks........... (healyhcare) 30 January 2013

Want expert advice

may be repeated query but diffrent angle....
MCD :- wife askin husband flat worth lakhs and cash else not ready to divorce
husband doctor by proffesion so askin for almost his life long savings.....
case here
1. husband filed divorce 1yr back in district court after 1month wife filed rcr+125 crpc in family court :- div.. in sessions court and rcr in familycourt same jurisdiction same district....
2. both appeared on each othrs summons.....
3. after councilling in fly court husband had taken wife to rented accomodatn :- couple stayed for 2 months but wife fought wit husb n deserted n went back 2 a flat (presently in mothers name of husband)and now wants divorce after huge one time settlement and askin for that flat where she barged into presently claimin it to be her matrimonial home
4. husband gave writ. statement in rcr n 125crpc stating ready to cohabitate but wife deserted and cruelty from wife thus filed divorce first...
5. cases on affidavit stages.....
6. have 2yr kid ..... wife wants to hand over the kid to me and live an independent and adulterous life as an affair opened up but diffi to prove as we all know the law procedures......if not prove then husb.. fined n all that
7. very sure wife wont agree again for rental accomodatn or stayin in ancestral house far away in a village from the present town so can rcr decree be passed in my favour and can i use that point for contested divorce case????
8.no say order passed against wife in divorce case as no reply submitted niether she appearin now...
9.what should i do now....
DEAR LEARNED MEMBERS PLEASE HELP..........
SHOULD I WAIT N WATCH OR WAT??????

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3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 January 2013

First of all, the mother should file an injunction suit against the said wife.

The divorce should be granted and rest cases has to be fought on merits.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
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Originally posted by : shriks
	may be repeated query but diffrent angle.... MCD :- wife askin husband flat worth lakhs and cash else not ready to divorce husband doctor by proffesion so askin for almost his life long savings..... case here 1. husband filed divorce 1yr back in district court after 1month wife filed rcr+125 crpc in family court :- div.. in sessions court and rcr in familycourt same jurisdiction same district.... 2. both appeared on each othrs summons..... 3. after councilling in fly court husband had taken wife to rented accomodatn :- couple stayed for 2 months but wife fought wit husb n deserted n went back 2 a flat (presently in mothers name of husband)and now wants divorce after huge one time settlement and askin for that flat where she barged into presently claimin it to be her matrimonial home 4. husband gave writ. statement in rcr n 125crpc stating ready to cohabitate but wife deserted and cruelty from wife thus filed divorce first... 5. cases on affidavit stages..... 6. have 2yr kid ..... wife wants to hand over the kid to me and live an independent and adulterous life as an affair opened up but diffi to prove as we all know the law procedures......if not prove then husb.. fined n all that 7. very sure wife wont agree again for rental accomodatn or stayin in ancestral house far away in a village from the present town so can rcr decree be passed in my favour and can i use that point for contested divorce case???? 8.no say order passed against wife in divorce case as no reply submitted niether she appearin now... 9.what should i do now.... DEAR LEARNED MEMBERS PLEASE HELP.......... SHOULD I WAIT N WATCH OR WAT??????

When she only has left you ie deserted you, you need not pay a single penny for one time lumpsum settlement.

Take help of good lawyer, as all the drama has been done and most of it is in your favor and not that of your wife, 99% court will grant divorce, and will not ask you to pay a naya paia to her.

shriks........... (healyhcare) 31 January 2013

thanks experts for the prompt reply.....
1. case to be filed by mother for injunctn order against DIL agreed....but
a. should i wait 4 trial as the flat belonged to husband and he gifted it to his mother but before fililng casse against each others....
b. should seperate case by filed by MIL against DIL or should i wait for trial in fly court case (rcr n 125 crpc by wife) and give her an option of alternate accom as civil cases take loads of time n money 2.....also mom little old 2 run for cases....and adventures done by his fallen in love son and money minded DIL...????????????