Upgrad LLM

need some clarifications on rcr and maintenance


Respected sir/Madam,

This is continuetion of my previous topic

http://www.lawyersclubindia.com/forum/Monthly-maintenance-need-to-be-paid-to-wife-147042.asp

Finally my wife filed DVC case againt me and my family members. My lawyer told me that in DVC she requested monthly maintenance from me and charged false cruelty allegations on my parents and my grand parents (70+ years old) without any mercy.

Few days back, I attended court with my parents and grand parents for the 1st time on DVC case. I thought it was for counselling session. But it was not happened. Court gave me the case papers and ordered me to submit the same to our Lawyer. She had already filed false 498A case against me & my parents. Next month, I need to attend the court 2nd time on both 498A case and DVC case.

As mentioned in my previous thread, my wife left me in Nov 20th 2015. Our Egos lead our separation. There is no big reason. I don’t have any bad habits. I don’t smoke, I don’t drink and I don’t have any extra marital affairs. Her main aim is to separate me completely from my parents. So she mentioned in her complaint that I had a psychological problem, also for extra dowry me & my parents beat her severly on some particular date. But on that date, our parents were not with us and we have proofs to prove the same.

Now My questions are

1. Will the court order me to pay maintenance immediately to wife or only after proving all her allegations? I have some proofs to prove my innocense in the form of audio recording conversations. Will the court consider them?

2. In general, how much time it takes for a DVC case?

3. As per the advise from my lawyer, I have failed RCR from my end. In case if she denies to stay with me, making some more false allegations, can I file divorce petetion on the basis of desertion?

4. If there is no response from her on RCR, after how many notices we can file divorce petetion?

5. How much time it takes to get divorce through RCR? (In best case: If I win the RCR, but she rejects to stay with me).

Thanks for your assistance in advance. 

With Regards,
Pawan
 
 
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Associate Advocate

Originally posted by : Pawan
Respected sir/Madam,

This is continuetion of my previous topic

http://www.lawyersclubindia.com/forum/Monthly-maintenance-need-to-be-paid-to-wife-147042.asp

Finally my wife filed DVC case againt me and my family members. My lawyer told me that in DVC she requested monthly maintenance from me and charged false cruelty allegations on my parents and my grand parents (70+ years old) without any mercy.

Few days back, I attended court with my parents and grand parents for the 1st time on DVC case. I thought it was for counselling session. But it was not happened. Court gave me the case papers and ordered me to submit the same to our Lawyer. She had already filed false 498A case against me & my parents. Next month, I need to attend the court 2nd time on both 498A case and DVC case.

As mentioned in my previous thread, my wife left me in Nov 20th 2015. Our Egos lead our separation. There is no big reason. I don’t have any bad habits. I don’t smoke, I don’t drink and I don’t have any extra marital affairs. Her main aim is to separate me completely from my parents. So she mentioned in her complaint that I had a psychological problem, also for extra dowry me & my parents beat her severly on some particular date. But on that date, our parents were not with us and we have proofs to prove the same.

Now My questions are

1. Will the court order me to pay maintenance immediately to wife or only after proving all her allegations? I have some proofs to prove my innocense in the form of audio recording conversations. Will the court consider them?
Whether she proves allegations or not, you will have to pay from date of petition.
2. In general, how much time it takes for a DVC case?
5-6 years, sometimes 1 decade.
3. As per the advise from my lawyer, I have failed RCR from my end. In case if she denies to stay with me, making some more false allegations, can I file divorce petetion on the basis of desertion?
if you have failed rcr, then divorce wont be granted.
4. If there is no response from her on RCR, after how many notices we can file divorce petetion?
1 notice.
5. How much time it takes to get divorce through RCR? (In best case: If I win the RCR, but she rejects to stay with me).
RCR will take 4-5 years.  Divorce will take 1 decade.
Thanks for your assistance in advance. 

With Regards,

Pawan
 

 


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Thanks for the reply Sir. But could please clarify the below.

 

1. In DVC case, she requested Maintenance. You told me that I should pay from the date of petetion and again you were saying that it would take 5-6 years, sometimes 1 decade. 

Could you please let us know, why again it would take 1 decade, when her request has been fulfilled. I mean she gets her share right? 

2. I can defintely win RCR, bcoz proof of burden lies on her and I have solid proofs to prove my innocence.

RCR will take 4-5 years.  Divorce will take 1 decade.
Even though she rejects to stay with me and informed the same to court (If I won RCR), still Divorce takes 1 decade???

Why it would take that much of time?

Thanks for your assistance in advance. 

With Regards,

Pawan
 

 
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If you have solid proofs for your innocence than why dont you file quash petition u/s 482 to res high court?

 
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Sir, I have already filed quash petition against false 498A case. But I didn't submit the proofs.  

Do I need to file one more quash petition against DVC?

 
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Dear Pavan

I am also a victim like you, either you can file quash petition for DVC also or i got this ans from one of the learned member from this forum that in DVC no one other than u need to attend the court either file discharge petition for the rest, if they will  not attend than exparte will be given againts them, and DVC concerns about the facilities and maintanance for which husband is responsible to provide, so u only attend the court

 

 
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Thank you Sir..Will ask my lawyer to file discharge petetion on DVC.Any other suggestions?

 
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Originally posted by : Pawan
Thank you Sir..Will ask my lawyer to file discharge petetion on DVC.Any other suggestions?

Advocate Ganesh has clarified all the issues.  

What I would like to suggest is, try to reconcile with wife if possible and if not possible give money and take diovrce, dont waste time in court.

 
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Originally posted by : Adv. Rakesh Martyn



Originally posted by : Pawan



Thank you Sir..Will ask my lawyer to file discharge petetion on DVC.Any other suggestions?





Advocate Ganesh has clarified all the issues.  

What I would like to suggest is, try to reconcile with wife if possible and if not possible give money and take diovrce, dont waste time in court.


Sir, we are ready for either reconcile or divorce. But they are not ready. Their aim is to defame me and my family. She wants to delay these cases as long as possible by getting monthly mantenance from me. No way to fight against this in a legal way? I am ready to pay monthly maintance or lump sum of amount, but need justice ASAP. Bcoz of this case, I lost a good opportunity to work in Dubai. They offered me handsome package.

None of them from their end attended for 498A case, but for DVC case  she attended the court. We can easily guess their intentions.

 
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Need further assistance on false allegations made in Cr.P.C. 125 mainteance case

The below are my wife's allegations.

1. She was not provided food, clothing and shelter when she stayed with me. (Most common point in all maintenance cases).

   Merits - I have house rent agreement  and gas connection bills.

2, I have 4 acres of land which worth Rs 1,00,000,00.

   Merits - I don't have. I am not sure, why she included this point.

3. I am earning 1,00,000/month.

    Merits - I am earning around 45k/month. However 5K will come in the form of shift allowance. If I moved to some other project, i won't get shift allowance. If so, i will get 40k/month.

 Q) Can I request court to exclude 5k from my monthly salary, since it's not perminant. (If I choose work from home option, company won't provide shift allowance. Will get my actual salary alone 40k/month)?

4. She has no movable or immovable properties.

Merits - Her father registered 1 acre of land to her name. Also they gifted her 80 grams of gold at the time of  marriage. (She mentioned these 2 things in her 498A & DVC cases).

   - Also I have one Fixed Deposit form which is deposited under her account which worth 1,00,000.

   - We too gifted around 64 grams of gold, we have bills for the same. (Not sure whether we can include this point in our merits list or not.)

   - She is a post graduate and has previous working experience. (We have no proofs except her resume).

Q) Do the court consider the above merits, while deciding maintenace. Also how can we prove that she had working experience. She got placement in campus interviews. Any information act to get the information from the college, which she had completed her PG.

5. She depends on her parents for everything, even they are also unable to meet their daily needs.

Merits - Her father is a Business Man. They have their own Grocery shop and around 12 acres of land. Also we came to knew that her father purchased around 3 acres of land with spot cash payment recently, which means definintely he would have been withdrawn large amount from the bank.

- Her brother also a software engineer with a salary of around 60k/month (as of now, we don't have any proofs).

- Apart from the above things, we don't have children, we stayed together around 7 months only and she only left matrimonial home and alleged that we deserted her for the purpose of 2nd marriage.

Q)Let me know is there any section to get the survey numbers of their lands from them or RTI dept. Also can we ask her father and brother to submit their IT returns?

Kindly answer the above questions and based on the above merits and de-merits, could you please let me know the chances for me to win the case/decrease maintenance?

Thanks fro your assistance in advance.

With Regards,

Pawan

 
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