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shriks........... (healyhcare)     28 February 2013

Is it a trechery??

1. had filed divorce in district court, now at no cross stage heading for ex party as no say and no cross against wife ordered
because wife not appearing except for 1st date on which her application for say got rejected.

2. wife filed rcr in same jurisdiction but at family court , i appeared ready for co habitation but wife not agreeing also im slapped with 125crpc , have 2yr kid in her custody, both petitions at hearing stage after filing of affidavits and denying her allegations..

3. wife called me and askimg now for MCD,in reply i told her :-  "ready for divorce but not one time settlement, i'll go for monthly alimoney which court decides..... " she got wild.

4. in MCD  is 6mths waiting period applicable as we were seperate for 1yr?????

5. should i contest it in district court and try for ex party?? i know its difficult in india but what if she comes for MCD and refuses later??, again i have to contest right???

6. or should i ask her to take her cases back i.e rcr sec 9 + 125crpc and then file a joint draft for MCD JUST FOR DIVORCE ,  alimoney i dont wanna pay lump sum as she has captured my moms flat and parked her bottom there.....

7. 6mnths waiting cant be waived off without highcourt decision????

8. should i go for it or not???? i asked for my kid custody but she refusing and dont want him to come 2 me in near future,,,,,, can i go for MCD AND THEN file for visitation under guar. n ward act?
or contest divorce and contest custody??????



Learning

 4 Replies


(Guest)

 

Originally posted by : shriks


1. had filed divorce in district court, now at no cross stage heading for ex party as no say and no cross against wife ordered
because wife not appearing except for 1st date on which her application for say got rejected.

ok...

 


2. wife filed rcr in same jurisdiction but at family court , i appeared ready for co habitation but wife not agreeing also im slapped with 125crpc , have 2yr kid in her custody, both petitions at hearing stage after filing of affidavits and denying her allegations..

 

What do you mean by slapped man? Its every woman/girl's birth right to 125! We husbands should be thankful that there is no law to punish husbands to use that hugely demeaning word "SLAPPED" Lolz..

3. wife called me and askimg now for MCD,in reply i told her :-  "ready for divorce but not one time settlement, i'll go for monthly alimoney which court decides..... " she got wild.

Dude, why are you not getting the point?  When she herself is agreeing for one time settlement, its a blessing in disguise! Go for it, get over with the headache, once and for all!

4. in MCD  is 6mths waiting period applicable as we were seperate for 1yr?????

Going to courts will itself take 6 months + 6 months, why is the urgency, I cannot make out.


5. should i contest it in district court and try for ex party?? i know its difficult in india but what if she comes for MCD and refuses later??, again i have to contest right???

If she refuses later?  Even God cannot answer that question! Why do you want to go to district court?  Just wait, agree to her wish of one time settlement, she will surely agree for MCD and you'll get back your life !

 
6. or should i ask her to take her cases back i.e rcr sec 9 + 125crpc and then file a joint draft for MCD JUST FOR DIVORCE ,  alimoney i dont wanna pay lump sum as she has captured my moms flat and parked her bottom there.....

Once you file MCD together, the RCR and 125, 9 wont stand, they stand automatically withdrawn! Yep I thought there was a catch there! Your wife is smart, already staying at your mom's flat, wow, what a criminal Brain [sorry for calling criminal] 

 

Here you can ask her to vacate the premises, just ask her to vacate, and she may vacate, eitheways you may get to know one more hidden charecterstic of your wife! Good luck with that.

 

Or what you can do is, file a seperate case via your mom to get the premises vacated, though that will take some time [years] you will get it back for sure.  I hope the flat is in your mom's name and not in your name.

 


7. 6mnths waiting cant be waived off without highcourt decision????

Nah


8. should i go for it or not???? i asked for my kid custody but she refusing and dont want him to come 2 me in near future,,,,,, can i go for MCD AND THEN file for visitation under guar. n ward act?
or contest divorce and contest custody??????

Take one step at a time man, first MCD, then divorce, then get that bl**dy decree of divorce, get a nice frame to hang it in the living room as such a paramveerchakra certificate! Then relax for sometime, then file for custody.

Will be glad to guide you through custody process also!

.............................................................

 

 

 

.............................................................................................


(Guest)

Sujay,

Apologies for highjacking this thread.

Wife, to trouble husband, can always file 498a/406 even after MCD first motion. But how strong will it be? Will it be quashed easily or not entertained by judges?

1 Like

(Guest)
Originally posted by : fight_with_498a

Sujay,

Apologies for highjacking this thread.

Wife, to trouble husband, can always file 498a/406 even after MCD first motion. But how strong will it be? Will it be quashed easily or not entertained by judges?

Its no gaurantee that the wife will not get a crooked lawyer who will agree to file a false 498a or 406 or DV just for the red colored Gandhiji note which says from the governor of RBI I promise to pay a sum or 1,000 rupees etc in fifteen different languages.


Even if any wife files such a case, the sad part is the husband has to go through all those things which eventually will come in his favor, but thats the tragedy of being an Indian husband.


Have I not suffered?  Have you not suffered, to the extent that you've chosen the name unlike your own that you feel your name is fight_with_498a


These laws will make you change your name into a number or something like your login ID.


But as we as people who have been taken more than for granted can only help our brothers who are about to get into trouble.


^^^ fight_with_498a

GIven the spontaneous lawyer and spontaneously acting client, such a case of 498a and 406 or DV will never get registered if you show that the matter is already being heard in the court [xyz ie family court, high court etc]  One has to keep all papers ready, the certified copies in abundance to show them to police station, so that they wont register the FIR etc, if they do always keep a mobile phone ready to record that they registered FIR inspite of you showing evidence.  Trust me brother, things have changed. in the system



When my wife went to PS to file a 498a case we had all the documents to show that MCD, RCR, DV case was already running, and the matter was in court.


One should not get so biased to the extent that one would lose belief in law totally.

stanley (Freedom)     01 March 2013

@ author go through this link and you will get a part of your  answers 

https://www.lawyersclubindia.com/forum/Mcd-on-nullity-petition-62466.asp#.UTBDHKJHJMg

As for custody you can file it at any time as you are staying seperate .

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