S.SANGEETHA (sangashan@yahoo.com) 24 January 2011

oooo

husband filed Divorce under sec cruelty grounds, wife filed RCR and IM, child 4 yeards old is with mother, wife is working and earns 15,000 / month and husband earns 40,000 and living in his house, but the house is in the name of husbands mother, getting 20,000 rent from that house. But says he has no money for maintainance and says wants to take care his parents. child is facing major eye problem and needs treatment. but husband refuses IM. wife has got the proofs of medical expenses. how to win IM, wife also wishes to live with husband.

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10 Replies

Arup (UNEMPLOYED) 24 January 2011

in case of im, it is major issue who left(deserted) whom and why?

concentrate yourself on the above.

Arup (UNEMPLOYED) 24 January 2011

however child will get maintenance.

(Guest)

here the wife is able to maintain and doing a job. So the chances of getting interim maintenance will be narrow chance. child can claim maintenance not wife. with respect to RCR if there are chances of IRRETRIEVABLE BROKEN DOWN OF MARRIAGE DIVORCE WILL BE GRANTED.

Roshni B.. (For justice and dignity) 24 January 2011

she can file RCR i guess.

also 15,000/- monthly salary of the wife is insufficient in today's rising cost of living.and child needs major eye treatment.this fact is also to be noted.

Avnish Kaur (Consultant) 24 January 2011

IRBM not a ground of divorce yet!

(Guest)

@S.SANGEETHA

You said,"But says he has no money for maintainance and says wants to take care his parents.but husband refuses IM.

how to win IM, wife also wishes to live with husband.?

Simple ;Hire good advocate as in your case he(Husband) cant give these excuses like he want to take care of parents as he married you so he must perform the matrimonial responsibility for paying maintainance to you and also your children and if you already earn then court will consider it but still you can get maintenance for your child .

As far as husband filed Divorce under sec cruelty grounds his advocate has to prove in the court as this depend upon facts of the case .

Also as Roshni mention it ,child needs major eye treatment.this fact is also to be noted.please mention this fact in this court

Last question as you asked wife also wishes to live with husband.?

Nobody has any answer in this LCI forum except the husband.

Avnish Kaur (Consultant) 24 January 2011

u will not get any maintenance. child will definitely get maintenance. wat medical problem child has?

Jamai Of Law (propra) 25 January 2011

Ensure you collect all credible bill for eye treatment and cost for the future expenses. Kid has rights to get money from father. Even you may ask to get the same level of livig standard if you are respndent and defending to save marriage. But RCR may create new problems. Husband may happily lose RCR as well as divorce case and ensure 'non complaiance of RCR for 1 year' and then it becomes a new ground where you cant allege him to be taking advantage of own wrongs. Even if you win RCR, you cant' enfore cohabitation.

And noncompliance of RCR for 1 year, even husband can go to court to ask for divorce based on 'non compliace of RCR for 1 year'. Your priority should be to get financial assistance as much as possible for kid and until kid attain mejority if boy and for edu and other needs.

S.SANGEETHA (sangashan@yahoo.com) 26 January 2011

thank u learned members for ur suggestions, As jamai of law suggests, that NON COMPALIANCE of RCR for 1 year, which means he will get divorce easy, can wife now withdraw RCR ?or to concentrate more on IM. wife has no interest in filing DV act, or sec 498, since this may lead further damage of relationship between hearts. how long mediation will work out? is there any public mediators available? wife wants to know about special counselling? For what type of reason special counselling is available?