Arawind (i) 27 April 2014

Divorce & Rest. Of Conjgal Rights

I am married in 2005 & blessed with two daughters in 2007 & 2008. I faced a lot of insults for no fault from my in-laws & would never get any respect, always getting blamed. I would also never visit their place as they would create a lot of drama on silly points. In May 2012 one such incident took place & my wife along with my children left my company with her mother & brother where she deserted me for more than one year. I had filed an OP for divorce on ground of cruelty in Jul 2013. I had an hearing in Oct 2013 where court refered to lok adalat & my wife admitted her mistake and stated she is willing to re-join me but as I had faced such incidents in past I did not agree and asked to move the case to bench. In the mean time suddenly in Nov 2013, she approached my dept. Authorities & complained that I had left her without any valid reason & sent her summons by putting false allegations where my dept. Authorities have directed me to show cause and advised me to support her financially. Accordingly, explained and agreed to support her financially for sake of my children as she has also stopped them to send to school. In Jan 2014 I had paid her a lumpsum as interim relief and also monthly as maintenance till date as agreed between me & my dept. Authorities. In Mar-Apr 2014, I had further appeared court where she counter filed to dismiss the case stating my petition is false & that she is very much ready to re-join me. Court has now asked me to file evidence. Apart from this, I had received a summon through my dept. Auth. to attend case filed by my wife for Restitution of Conjugal Rights. Please explain this and advise me on how to go about my case now? I am vexed with her behaviour, attitude, faced a lot of humiliation & mental torture that she along with her family would do to me. I am determined to get seperated. I even want custody of my children. So, please let me know on how to contest this? Also, please let me know when will court order to pay her maintenance and is it mandatory to pay maintenance?

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6 Replies

great india (manager) 27 April 2014

1. Who is this dept. Interfering and instructing you. 2. Your wife gt married you or the department. 3.you file counter to sec. 9. And defend the cases. 4. Your case will stand only on strongest evidences. 5. Collect evidences citing cruelty.

Adv. Santosh Yadav (Advocate/Lawyer) 27 April 2014

i dont who is the authority in your case. as far is the maintenance is concerned, you have to pay the maintenance if your wife is not working and your children and their education is also dependent on you

as far as your case is concerned you have to collect the evidence & prove what cruelty is done to you which is mentioned in your petition.

Adv. Santosh Yadav

info@lexwork.in

9820959658 Mumbai

satish bhaskar (Litigant) 27 April 2014

She is very much ready to rejoin you and seems to want you as joru ka ghulam. Pity the children. God bless you all.

Arawind (i) 27 April 2014

I am serving in air force and under obligation. So, I agreed to pay her maintenance undes sec. 92(i) of the Air Force act 1950 against her claim to dept. Auth. irrespective of pending decision by the court. So, please explain sec. 9, restitution of conjugal rights & let me know, how to progress further? Also, let me know about my children's custody?

Laxmi Kant Joshi (Advocate ) 27 April 2014

As you are a military personnel your legal duty and responsibility is that you have to inform all your grievances and the cruelty which your wife and her parents were doing upon you to inform in writing to your commandant through your company commander also called through proper channel , when you filed case of rcr or divorce against her this information is used as an evidence in favour to you , as per your thread/post it seems she want to cohabitat with you , why don't you bring her back and give a last chance to her by making your mou , as per to me one should not go for divorce if there is some hope of reconcilation on issues , if you think you cannot live with her at any cost then don't file rcr file divorce u/s 13 (i-a) of hindu marriage act on the ground of mental cruelty (it includes abuses , taunts, humilation by her in front of her family members etc.) for custody of child if they were above 7 years of age you can get it by filing the case in the court , if she filed case u/s 125 crpc for her and for two children maintenance The court will grant her certain amount for maintenance which you have to paid her mandatery .