Parth Chandra (none) 11 November 2010

Offering Shelter home in case of Crpc 125

Hi ld. experts,

In my crpc 125 case, Legal point of the case are..

1) Wife filed 498a after one month of living matrimonial home while reconciliation efforts were going on against husband, FIL and BIL.
2) When husband along with other family memebers were at police status to go for bail to court, wife turned with her lawyer to give summons for crpc 125 (bribing the police that even though the address is of mumbai, you will have to accept the notice or we would not take you to court for bail and you along with your father would have to spend one night in jail).
3) Even then husband appeared in family court (crpc 125) and submitted his reply on the very same day suggesting the court that he doesn't want to delay the proceeding and wants to accept wife back. Moreover wife left the home without any reason and I am ready to take her back without any condition.
4) In her evidence stage, wife has only produced affidavit with false allegation of cruelty and dowry harrasement.
5) Next month date is wife's cross examination.
6) It would be one year in next Dec since wife left the matrimonial home.
7) Husband has tried his best on his own to convince wife to come back and from other sources as well till july this year but wife (inlaws) are asking for money to be diposited on wife name to return into matrimonial house.
8) Husband hasn't filed RCR as he did not want to attend one more court hearing every month and also did not want to force/provoke wife in any way. Moreover he even don't wish wife to take divorce on the ground of noncompliance once husband gets decree by not joinig husband.
9) One minor female child from the wedlock who was intially with me but now with wife on pursis.

Now based on above sequence of events, can I ask my wife in her cross-examination ....

1) I wish you to come back to our house without any condition, are you ready to join the matrimonial house?
2) On her refusal, can I show her a list of shelter home in her parental area and ask her that I am ready to bear all the expensis of her stay there, are you ready to stay there so that I can know your well being periodically as I care for you and your parents doesn't allow us to communicate at their home?

Can I use these points in argument stage as well....?

Awaiting your expert advice.

Thanks,
PC

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5 Replies

Avnish Kaur (Consultant) 11 November 2010

file rcr

Parth Chandra (none) 11 November 2010

Avnish Ji,

As I explained, I don't want to file RCR simply because.

1) I can't afford to appear in court for any additional hearing (I am already taking one or two leaves per month because of 125 and one more case filed by my wife. Moreover 498a trial might begun in some time)....or I would loose my Job.
2) My lawyer tells me that since they have filed 498a just after one month of separation, filing RCR would be just be waste of time & money and may take few years before you can get decree.
3) I can't understand why filing RCR is important if I can say the same thing that I want my wife to return in crpc 125 or any other case and when Wife or Husband have not filed divorce and neighter intend to!!!!!!
4) Isn't it sufficient if I say by mean of affidavit and otherwise that I am ready to take her back and bring it on record?.....why husband should file separate RCR???

Hence, I am asking above question as my wife wants money to return or says that I would enjoy the maintenance sitting at my parents home. I don't want her to spend my hard earn money while living with her parents and not fulfilling any marital duties.

Thats why I first want to offer her to come back and then if she refuse wants to offer her shelter home......Isn't it wrong that even afte taking below things on record....I have to file RCR
1) Husband is urging wife to come back on record.
2) Wife has not prooved any of her allegation.
3) Wife has filed 498a but not ready to give divorce (I am going to ask her on record whether she wants divorce or not and I am sure 100% that she would refuse or would ask unimaginary amount).
4) Husband is ready to bear shelter home expenses if wife is not ready to come back.
5) Wife is asking for money infront of the judge as well!!! (I wonder judge did not dismissed her case then and there when he understood that she is ready to go back but if money is deposited on her name)!!
6) Husband is a heart patient and have had two open heart surgery. Currently on restricted diet and medication living alone and hanging with his job somehow so that if tomorrow if wife wishes to come back they don't have to raise there hand infront of anyone.
7) Husband has already produced the evidence that wife was working before marraige and was earning 7-8 K per month and has decent experience and customer care representative in electronic company outlets.

Could all above facts (on record) go in vein just because husband has not filed RCR?!?!?!?

I would appreciate experts view on above.

Thanks,
PC

Parth Chandra (none) 12 November 2010

Can anyone plz. respond?

Parth Chandra (none) 15 November 2010

Can anyone plz. plz. reply?

Parth Chandra (none) 18 November 2010

Can anyone plz. plz. reply?

I can see various members spending effort and time in posting / commenting on non issues just for the sake of making joke of each other or to critisise each other or to comment on news such as such and such television show is bad or good....etc...etc....but noone is responding to serious question raised here....

Should I understand that noone has any answer?