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ram   03 January 2017

Mc,dvc n rcr/divorce

we are hindu,

Wife filed MC & DVC after 3yr of deliberate separation by her only alongwith 1yr Kid. went to her place in other state.

MC notice came on old address which I left 2yr back but owner took and yet to appear for 1st time in court. without lawyer can i attend MC as it is 1st time?

DVC notice might come on old address,can I take this DVC notice or ignore as I am not staying there.

Should I file rcr/divorce/both or one? pls suggest BEFORE appearing MC should these be filed or AFTER? which is good? on RCR how she react no idea but we dont want to live together?

Childvisitation & Childcustody can be filed as part of Divorce is it good? or as separate petitions?

Should i file these cases in my state or her place? from SC she can get transfer these cases to her place? or can attend court in my place only, but in both cases is she can ask for expenses from me? if so pls suggest where to file and let us know pros&cons?

In above all scenarios pls let me know best strategy to adopt?



Learning

 9 Replies

whatnot   03 January 2017

What is MC?

498fighter   03 January 2017

Originally posted by : whatnot
What is MC?

 

may be maintenance case

1 Like

Sachin (N.A)     03 January 2017

Originally posted by : 498fighter



Originally posted by : whatnot



What is MC?


may be maintenance case

 

MC gerenally stands for Mahila court,

When a case of DV Act directly filed in court case no is  MC/ Case No/ year.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 January 2017

If a husband seek divorce from his wife, he has to pay alimony/maintenance . Alimony is the court-ordered payment of support from a spouse who has the ability to pay to a spouse in need of support for a period of time.  Only people who are divorcing or are divorced can ask for and get alimony. You can refuse divorce petition if you are still love your wife.

ram   03 January 2017

125crpc maintainence case

whatnot   03 January 2017

Baby was born during separation?

Has there been effort to reach out baby since separation? Have you been able to provide care and secuirty to baby since separation?. If so go for visitation as it is still infant and you won't get custody.

No point in filing 2 different cities. Source a lawyer her state. talk to him and either give him power of attorney or give some one known to you POA. Go first day to court and submit your application for Manitianace case.Be careful about address as if you show current address then you will get notice on DV to that address.

DV is their headache. let them figure out how to reach it out.  They have to prove their allegation. If any record exists then compromise. Usually DV is slappede just precurser to Alimony or Mutual consent.

Once DV is in place no point in RCR. unless you both still like each other . And all this is due to some interferrence. Then talk to her lawyer and sort it out.

 

Try your best for MCD(Mutual Consent Divorce) with no money. Offer child care.

 

ram   11 January 2017

So far I didnt get DVC notice filed by wife, but in June 2016 interim maintenance of 20K awarded to her as ex-part order!!! I came to know very recently about this.

And also  i am yet to attend 1st hearing for MC (125crpc)  in another. court.

Is this interim maintenance order is applicable in DVC? should I pay this amount? should i go and voluntarily appear in court and take petition to file counter for DVC? pls let me know how I should approach

whatnot   12 January 2017

An exparte Interim Maintainance can be fought off on legality in higher court if you have enough proof to show that proper procedure was not taken to counter and represent your side of story. You need a good lawyer who will figt the same and case will go on forever. And also it was part of DV, then you have to fight same as well based on merits. You may immidiately ask for smaller amount as a relief and fight the same. But if you don't things will get complicated.

 

Also you have to fight Maintainance claim as well . Even if it in another city. Best way to delay is file for change in court and let the court drag its feet. No decision. No pay.

 

To complicate you can even file divorce in your city (contrary to previous advise) provoided you satisfy one of the reason of divorce .

 

All three cases will drag on for ever with no resolutions in sight and eventually all parties will come for mutual consent divorce. That time you can decide the way forward.

ram   12 January 2017

Hi Sir,

Thanks for clarfication.

However, Exparty order to give interm maintainnce is given 8 months back!! and still i  didnt receive these orders officailly yet. Even I didnt receive DV Notice itelf, some 3rd person from her  informed about this interm order to one of my known persons in whats app. Should I pay ? If I dont pay can it lead to any police case etc..? how to handle this?

So without waiting for DVC notice served to me,  I should go and file counter for this DVC volunatirly? and in same counter I can challenege this interim exparty maintenanece?

or I should  directly go to higher court to challenege this interim exparty maintenanece?

Please advice.

Thanks.


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