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shriks........... (healyhcare)     25 May 2012

Help me please

divorce filed by me in diffrent court of same district , wife never recieved notice yet but knows.
in fly court ,rcr filed by her to prolong proceedings and claim maintenance.
have 1yr old son
councilling on
if i accept cohabitation with her in diffrent house away from my in laws place and she refuses, she is not entitled for maintenance right ?????????
should i finish rcr first or continue divorce proceedings till they agree for MCD if not cohabitating?????
whats approx time limit although i know civil cases are time consuming.
doctor by profession but harassed by vimsical attitude of in laws and wife.



Learning

 13 Replies

Deep Narayan (learning)     26 May 2012

shriks plz explain a bit more. ur questns are not clear. and i say that no one can say that what time it will comsume in civil case as it depend in court and ur advocate

manpreet Singh (student/LO)     26 May 2012

As per the notices if she hasnt recived them .. u ask the notices to e dlivered by hand.. if disapprearences of the notices seems to u to be a trick to prolong proceedings... as far as time period for case goes it dpends upon ur lawyer and court itself.

Vishwa (translator)     26 May 2012

The court bailffs, police and even postmen often deliberately cheat on service of papers. Grease the right palm to get the notice served.

shriks........... (healyhcare)     26 May 2012

wife filed RCR in family court to which I agreed and attended the counseling sessions . I agreed for reconciliation on 1 term that she should stay with me and take care of the house and do not let her family get interfered in our life.
 - after just 2 months when my child’s 1st bday was coming (10th may), she took my child away to her moms house.
I went to my dads place 40km away, as my mom was not well , in that time she took all the house belongings and jwellery and broke open the flat which belongs to my mom and close to her moms house and entered without informing the family court and disobeying court orders.
- now they are planning to launch all sorts of cases against me else we should give a huge amount and transfer the flat in her name for divorce or face court and police.
-she is taking support of her relatives and local goons and politicians to meet demands to which I have launched complaints
- should i finish with RCR  first and get it ex-partee denying maintenance to her if she files 125 and ask for cohabitation or proceed divorce which might go into MCD as she won't cohabitate with me in a underdeveloped town far from a metro??????????

Pooja_____ (HR)     26 May 2012

First decide what you want? Divorce or continuity?

You have to give maintenance for your child. If she is not working, she will get maintenance. To deny maintenance to her you have to prove that she deserted you. If she proves that she is living alone because of your behaviour, then ?

You agreed for reconciliation, so your contested divorce case is weak. The best way is MCD.

shriks........... (healyhcare)     27 May 2012

she barged into my moms flat and taken my things away too from a rental house ,
doesn't that prove what kind of abhlaa nariiii she is??????
do wife/ DIL behave this way?????
isn't  this a point in denying maintenance??????
i am still urging her to join me , doen't that prove her desertion and withdrawal from society denying maintenance and won't this point help me in getting her filed RCR IN MY FAVOUR AND p

help me in contested DIVORCE filed by me in another court of same jurisdctn??????????

shriks........... (healyhcare)     01 June 2012

please reply its urgent as i have a date with lovely in- laws next week in fly court

HK_Jain... (498a Fighter)     01 June 2012

case is fought on merit.

decide what u want divorce & continue?

rajiv_lodha (zz)     01 June 2012

Continuing the marriage with such a militant-lady who barged into ur house is REALLY DANGEROUS

HK_Jain... (498a Fighter)     01 June 2012

she is in loss while file RCR

You can fight for contest divorce on section 13(ia).


(Guest)

Can you prove with evidence that your wife is living sepatary without any sufficient reason.

In such condition taking divorec will takes long time.

She is entitle to get Maintenance if she prooved that she is living separate with sufficient reason.


(Guest)

Can you prove with evidence that your wife is living sepatary without any sufficient reason.

In such condition taking divorec will takes long time.

She is entitle to get Maintenance if she prooved that she is living separate with sufficient reason.

shriks........... (healyhcare)     02 June 2012

yes i can prove she living seperate witout suff reason cos even though i filed for divorce she purposely filed RCR.
i informed fly court about willingness for co habitation just for sake of my 1yr child
and as shes a housewife she doesn't have job tantrums. moreover the flat she captured is in my moms name , DV or 498 not filed yet
i know this marraige is not gnna last long but she captured flat for huge one time alimoney if MCD or good amount in DV if she files later.
plz guide me shd i fight cases on merits and prolong maintenance or proceed with DIVORCE ???????????


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