@ Author / Damayanti
In this second reply I after reading all replies of Damayanti is making my law points for follow up;
1. Considering in provided briefs (I am taking 1st. one only of authors) clubbing all replies till now of Damayanti – suppose wife has filed a counter claim U/s 23 A HMA to your RCR cries then the Main case is yours not hers as made out t4ricfkly by Damayanti !
Reasoning: You filed RCR first. Against which she files S. 24 HMA for pendentelite maint. She got some award (interim) till case is there on the floor – whose case my dear friend YOURS not hers i.e. any of her counter claims. Under standi this first.
2. Once you make up your mind what you want RCR or Divorce right now as you filed RCR which no one on Earth can ever execute if contested or un contested and you see the result of your RCR filing is that she files a counter claim that instead of going back to your home she is saying Tata Tata - bye bye ! So what you do under such realities – Your simply meet by begging / borrowing / loan from Institutions (arrange that means) 3.2 L and pay in lumpsum that amount with an Application for Withdrawal of RCR. Her counter claim now becomes ‘INFRUCTIOUS” No court can grant this time a Divorce relief to her believe me once you pay all arrears with Appplication for wthrawing case nor any adverse effect order may be written as it is a litigants pure choice. On the que. of COST imposing - why a cost can be imposed tell me if a litigant wants ot withdraw that also by anyhow meeting all arrears!!!!.
3. The hiccup here is arranging 3.2 L you have to do that because now court is bound to press you first to clear all arrears (pilled up) and subsequent per months accumulating so now you are trapped under your own RCR plea ! You see one side you are getting strokes thinking from where to pay till date accumulated 3.2 L and other side you know she has told you and Court NO WAY I am not going to him but give me divorce so she will not file anything more in HMA like witness list / evidences till all arrears met to her. So common man’s gyan says beg / borrow / take on loan this 3.2 L and withdraw the case ASAP. You have no other option right now given to understand your other liabilities which are more killing than giving this much to a already parted wife who does not wish to come back to matrimonial home (she may have reasons which I am not touching and aI am also not touching what was so compelling reason in your stance on RCR as these are besides the point).
4. In future let her file whatever she has capacity of by this 3.2 L you are forced to pay through your bleeding noose. And on the go you learnt the real Family Law reality lesson on what to file RCR or Divorce on first go which I will say is worth every penny given to her.
I have covered all your and Damayanti’s posts / replies till now. Any que. you have post this and my first reply post shoot I will help further (three mails in one post is my self limitations remember that).
All the best.
