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Ravinder Kumar (Account Director)     29 October 2011

Filling sec 13 b after rcr..pls guide

Dear Ld. Members,

Many of you have advised me earlier on my previous posts so instead of repeting the complete story again, I will come directly to the point.

Almost two years back I filed RCR in Distt courts and now it seems that the decision will come in next couple of hearings. My next hearing is on 2nd November where my wifes statement will be recorded. Since my Judge got changed in last hearing (October 24) and newone wants to close this case as early a possible, I hope it will get disposed by December. The new judge took following steps which makes me hopefull of early disposal,

1. My wife councel requested the Judge to adjourn proceeding till I pay her the increased maintenance as High Court in its judgement on Oct 12th have increased it by Rs.1000. But the judge said that the case is already getting delayed and that he dont have the copy of judgement so he will not stop todays proceeding and, if the Ld councel do not want to participate in the proceeding he can leave the court room.

2. Me and three witnesses from my side were supposed to be questioned, however after my questioning the judge said that he got the crux of everything and do not want to hear other witnesses from my side.

3. Before starting my questioning, he asked me what do I want and than he tried to convince my wie to join my company. He tried it for 10-15 mins and tried to get solutions from her to resolve this case. Though nothing positive came.

4. Once my statement/questioning was done he again talked to my wife and her father trying to find solutions. Nothing positive again.

5. He than said that he wants to dispose this case today itself and asked my wife to give her statement for which she and her councel did not agreed and threw many excuses.

6. He than asked me n my wife to go out of the courtroom and spoke to our councels for finding solutions. Not surprised that it was not positive this time too.

7. He gave us next date of hearing for 2 Nov, which is less than 10 days (happened for first time in 2 years)

 

Now my question here is that my lawyer says that in next hearing after questioning my wife he will file for divorce since she has openly denied joining my company in last hearing and there is no use fighting RCR.

Please guide should I wait for the judgement or file for divorce in next hearing itself. What are the pros & cons I can face if I file for divorce in next hearing.

regards



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 October 2011

Dear ravinder

when your wife denied to joining with you then fight the case RCR till disposal of the case and the judgement of the case will shows the intention of your wife and this judgement will be very useful for you in other cases as maintinace and divorce to shows the maintelity of your wife and behaviour of both the parties. so fight the RCR till the final disposal. no need to worry if you are fighting for justice and you are based on true fact.

feel free to call me

1 Like

rahul (director)     29 October 2011

i think this new judge is really sharp mind and looked at main point.

he will definatly give judgment against your wife.

who is this judge,, i mean. is this is delhi?

then which court in delhi? please tell me.. my case also in delhi and my judge dragging the matter for long.

 

Ravinder Kumar (Account Director)     29 October 2011

@Rahul: Sorry, it is not in Delhi.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     29 October 2011

Dear Ravinder,

I do agree with mr. qureshi, don't be impatient.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640


(Guest)

Boss.. Let RCR reach judgement, i believe you would get the RCR decree in your favor. Execute the RCR degree ..

Chill out for a year..and then apply for divorce.


No maintenance to her in this scenario ...i have read many judgements on this.

1 Like

Ravinder Kumar (Account Director)     08 November 2011

This time on my court date my wife recorded her statement and Judge asked her,

'Did your husband and his family demanded any kind of dowry from you or your family '

and she said, "No''

Judge got it recorded in her statement.

Now my question here is,

1. She mentioned in her reply to my petition that me n my family always harrased her for dowry. Now after her recent statement in front of Hon. Judge what happens to her previous statement ?

galsober@yahoo.co.in (def)     10 November 2011

hello!

If she made contradictory statements on affidavit/ under oath, she will face 340, 193 music. Dig it, its a sharp weapon against the guilty.

gal


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