ravi (Eng) 11 April 2015

Mahila takrar nivaran kendra

Hi,

2 years back I got married. My wife lived with me barely for 4 months.
She left the home on her own will.

Then recently she has filed crpc 125 (maintenance) case against me at her home town.

She has also registered complain in 'Mahila Takrar Nivaran Kendra'. I went to their office 3 times. They are not giving any solution. In those meetings they do not give us a chance to speak. Only my wife & her family gets all the preference and chance to make false allegations.

As I am working professional, I can't attend 125 as well as MTNK dates.

Am I required to attend all MTNK dates? What action can they take if I do not attend MTNK dates?

Can I answer their queries on phone or email instead of going there?

Can I send my relatives who live nearby to attend MTNK dates?a

If I wife wanted to settle the matter through mediator like MTNK why did she first file 125 (which is still going on)?

Apart from this, I have filed RCR case in my city. For those to I need to attend the court dates.

Can I tell MTNK that as I have file rcr, I will wait for the courts order. Hence do not wish to attend MTNK dates further?

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12 Replies

fighting back (exec) 11 April 2015

As I am working professional, I can't attend 125 as well as MTNK dates.

its your wish if you dont want to attend or atend the session. it is a mediation centre to settle disputes, it is also a symptom of onset of 498 and DV cases, which might soon follow

Am I required to attend all MTNK dates? What action can they take if I do not attend MTNK dates?

not necessary, but it will give a veiw that the husband is stubborn, prima facie at fault, not attending the dates, seems to be running away, gives the wife an upper hand in such a situation, because these centres are basically meant for womens issues., they will not take any action, but will prepare a report after taking the written statement of your wife, and after that on the basis of the report, your wife can go ahead and file a 498 and DV case, stating that she had already approaced the mahila thana for settlement of the issue, but the husband is not attending

Can I answer their queries on phone or email instead of going there?

no, we are not so very advanced in this country as yet.......:(

Can I send my relatives who live nearby to attend MTNK dates?a

not required, you are the accused. you should attend

If I wife wanted to settle the matter through mediator like MTNK why did she first file 125 (which is still going on)?

she has all the right to file any number of cases, the cases will sustain or not, is a different matter

Apart from this, I have filed RCR case in my city. For those to I need to attend the court dates.

the most idiotic thing a husband does to avoid maintainence......

Can I tell MTNK that as I have file rcr, I will wait for the courts order. Hence do not wish to attend MTNK dates further?

yes you can give your statement in writing.....

ravi (Eng) 13 April 2015

1. During rcr process (after counselling), shall i give another chance to her & patch up?

2. suppose if we again come together, what precaution shall i take?

3. can i put my terms & conditions in writing to come together and let her & her family accept those? (then only i will think about patch up)

4. during rcr arguments, can i ask for compensation of expenses i hv unnecessarily incurred because of her filing the complaints & cases? (like lawyers expenses, travelling etc?)

5. can i now convert the rcr into divorce case?

Adv. Chandrasekhar (Advocate) 13 April 2015

1. During rcr process (after counselling), shall i give another chance to her & patch up?

If you wish, you can go for cohabitation. But the expression of "giving chance" shows your ego. If you are intended to stay together, go for conciliation. By saying to "give a chance", you are not showing any mercy on any one.

2. suppose if we again come together, what precaution shall i take?

If you both trust each other, go for cohabitation or otherwise not.

3. can i put my terms & conditions in writing to come together and let her & her family accept those? (then only i will think about patch up)

Again, this question is showing your highhandedness. If both spouses think equal and start to trust each other and try to make other partner happy, then those marriages become successful. You can put your terms & conditions in writing, but in courts every day we come acrosss the flouting of the written agreements - in commercial, personal and land deals. Written conditions have no sanctity and in matrimonial matters, written agreements cannot be enforceable and they are subservant to the statutory provisions.

4. during rcr arguments, can i ask for compensation of expenses i hv unnecessarily incurred because of her filing the complaints & cases? (like lawyers expenses, travelling etc?)

No. If you are financially vagrant, then u/s. 24 you can ask for litigation expenses and maintenance.

5. can i now convert the rcr into divorce case?

You can withdraw RCR case and file divorce case afresh.

To your first query, if you will not attend the MTNK, her complaint can be lodged as FIR under relevant sections, i.e., S.498-A and/or Section 3/4 D.P. Act and S. 406, depending upon the nature of complaint.

(LAST REPLY)

ravi (Eng) 01 June 2015

Hi,

I am raising this question again.

can i put my terms & conditions in writing to come together and let her & her family accept those? (then only i will think about patch up)

It is because, I tried to convice her (and my mother in law) thorugh the relatives for MCD. She is demanding a very hefty amount, which is not possible for me. And she is not ready to agree for anything else. Instead, her (and my MIL's) demands are increasing with each passing day.

Now, co-habitation seems to be only way for me. That is why I want to put conditions about our future life. Is it possible / legal? or is there any other suggestion.