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Divorce on cruelty ground Vs RCR/DV

Page no : 2

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     24 January 2011

Dear Thakkar Ji,

Regarding her job she has mentioned that in her mails to me.

I know where she is working (but she may be taking cash or payment in the name of someone else, she did that in her previous divorce case also)

Regarding amount in bank i know the name and address of the bank, moreover i have copies of her earlier case in which this amount is mentioned and written that this amount is for  present and future maintenance of herself and her child.

She is the biological mother of her child and i have not adopted the child so far, i think i am no supposed to bear maintenance of her child which has not bveen adopted so far and the child is main bone of contenion between our discord.

Please advice.

valentine thakkar (advocate)     25 January 2011

If you are not the biological father and have not adopted the child, you need bother about the maintenance of the child.

1. Go to the Bank Manager and get the Certified copies of the bank statement in her name. Go with your advocate so that the bank may appreciate the purpose.

2. Get Certified copy of the previous case and produce before the court and get the Exhibit No. for it. This will prove that she had already received the huge amount to maintain herself and her child. She cannot claim maintenance from two sources.

3. Contact the top management of the Co. she is working in and convince them that you require her salary document for your case.

All the best...

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     25 January 2011

Thakkar Ji,

Thanks for your response.

Sir,she has mentioned in her 2 mails that she is working somewhere,will that be sufficient for the court to treat that she is working or proofs are required.

One more thing which is giving trouble is whether court will consider my net salary ,Gross Salary or total income and expenses are allowed i have one child of 10 years also with me and old aged mother.

Thanks and regards

Avnish Kaur (Consultant)     25 January 2011

yes ur other expenses will be deducted from ur income including ur liabilities under law.

income tax, mandatory epf , house rental, transport expenses, old parents specially if ill and dependent children expenses are to be deducted from ur income before deciding your income. so try to get proofs in these regards.

Avnish Kaur (Consultant)     25 January 2011

and housing loan EMI ( if any)

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     25 January 2011

Thanks Avnish Ji,

If person is suffering from any fatal disease and big amount can be required any time for treatment, will this point be considerd by the court.

valentine thakkar (advocate)     25 January 2011

The court will cannot decide cases on the word of mouth alone; in  some cases besides word of mouth other relevant circumstances, witnesses, presumptions are also taken into consideration for arriving at a judgement. If the wife was working at some time, she might say that she left the job and at present is unemployed. So in this case strict proof only can help you because the opponent will certainly oppose.

2. You never mentioned previously about your 10 year old son. Is it your 2nd marriage? In that case as other learned friends have already said, all deductions will be taken into account. So go ahead and get rid of the wife you don't want in your life...

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     25 January 2011

Yes Sir,

This is my second marriage as my beloved first wife expired due to heart failure in the advance stage of pregnancy.

She was divorcee with one child so i agreed for marriage keeping in view that my family willbecome complete.

I had discussed with her about child and she had agreed also but when she got pregnant she aborted without my consent.

Thanks

Avnish Kaur (Consultant)     25 January 2011

get proofs of aborting, this is cruelty on husband.

valentine thakkar (advocate)     26 January 2011

Abortion without spouse's consent is against law

syed (Branch incharge)     27 May 2011

Dear Bhaskar,

Abortion itself is a act against the law,

Dosent matter whether its husband concern or not- its an illigal act unless doctors prove

If you have proof definetly you have rights to take actions against her

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     27 May 2011

Thank you very much.

maxx (pvt service)     07 August 2014

@rajkumar makkad, with reference to your reply below:

Anyway, in the given case, husband cannot be forced to live with his wife even if his divorce petition is dismissed and RCR filed by wife is decreed. If RCR decree is passed in favour of wife even then after one year, either of the parties can file petition seeking decree of divorce if no restitution of conjugal rigthts is established during this one year period.

are  you suggesting that the husbands divorce petittion will get dismissed, just because his wife won the RCR? wont husband get a chance to prove this divorce case, if wife wins the rcr case?

i have gone through various threads in this forum regarding divorce vs rcr, many experts have given different views on such contradictory cases filed by husband and wife.

i  want to ask the experts here, especially TAJOBS, who gives good explanation on situations:

my only question is DOES HUSBAND'S DIVORCE CASE CONTINUE IN TRIAL, WHEN WIFE WINS RCR IN HER FAVOR? 

DOES ANYONE HAVE A PAST JUDGEMENT REFERENCE OF SUCH A SITUATION?

IF HUBAND LOSES DIVORCE, AND WIFE WINS RCR? THEN WHO HAS AN UPPER HAND?

i am looking for a solid answer here, many experts have continued to give mixed opinions, i want to know, what the law says?

 


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