Please help me with guidance

If your wife is working or educated, she is likely not get maintenance...dont insist for mutual go on for hearing

you will get decree of divorce...I suppose u hv filed onthe ground of cruelty only as yr desertion ground got away as you asked for divorce before filing and did not make efforts for restitution...hence only ground of cruelty...you must be able to prove

keep watch on yr wife's activity,her mobile calls trace out

Anamika Vichare

Advocate, High Court

Family Court, Bandra

anamika_vichare@rediffmail.com

Dear Querist

mutual divorce without alimony may be possible if she agree with that only otherwise not possible.(its depend on her earning)

Please help me to figure out a way ahead , as I would like to close the divorce on mutual grounds without any alimony. And within a reasonable date .

Opinion 1 : Follow the advice above of Need justice.

Opinion 2 : If then also not done then last option-- Kidnap the judge and make the decree at home.

Dear Anamika and Nadeem - Genuine Thank you .

Dear Need Justice - I can't believe how smart you are. Thank you.

Dear Sufferer - You must be from China....copying feedback. But Thank you anyway.

You have committed a mistake by filing divorce without filing a RCR (which is a petition to restore conjugal rights) or at least sending legal notices to her to come back and wait for two years. You know she would not be coming. That would have been enough for you to file for divorce based upon desertion by her. Now, it is relatively difficult. It is not too late. Simultaneously amend the petition and ask for RCR in the alternate or file a separate RCR if required. Throughout the proceeding pretend that you desperately want her back. Drag the case for two years and then amend the divorce petition to seek divorce based upon RCR too. Do not discuss your strategy fully with your advocate. That moron will go and disclose it to the opposite party. Now that you have entered the legal realm of matrimonial disputes, start reading on the law. Do your own research. If you are in this forum, sure you can do some research on the net.

As for all her ridiculous demands and false allegations, prepare all the evidence you have. At this time, make sure that in your rejoinder (i.e. reply to her written statement, if the Judge allows it), every allegation is denied in toto. If not, do so in your affidavit and do it with specificity.

If you can afford it, hire a licensed private detective and get hard evidence about her affair, if any. I think you will be surprised. Licensed private detective is a must so you can have him as a witness in Court along with his affidavit. All this will help. Again, DO NOT discuss this with your advocate or for that matter with anyone...

I do not blame you for a lack of strategy. Your advocate should have advised you. But most likely he is not fully familiar with the law or has the IQ to strategize. He probably knows some sections in the applicable Acts and some CPC and Cr.PC here and there. Remember that advocates in India have very poor academic credentials and choose this professional mostly because they have no other choice. They have a very low IQ, poor ethical and moral standard, close to zero knowledge of any subject other than some law-basics and a desperate desire to make a lot of money at all costs. So, you would be a fool to rely only on your advocate in your legal problems. 90% of the work should be done by you. Use your advocate mostly like a dog, to bark in Court and to send misinformation to the other party. If you want some misleading information to reach your wife, tell your advocate in confidence and tell him not to discuss it with your wife's advocate. Be sure, it will be discussed promptly!!!

One more thing... divorce because she has deserted you (i.e. the reason for your asking for RCR) or because of her s*xual relationship outside will disentitle her to any maintenance. Your goal should be to get to NO maintenance NOT LOW maintenance.

When I say divorce based upon RCR in my initial response,  I meant divorce based upon desertion - Her refusal for RCR will provide grounds for you to seek divorce based upon desertion by her. Just a  technical issue but wanted to correct my mistake.

Dear Samir, thank you very much for your guidance . Also wanted to know :-

1. Is it a sound idea to have RCR filed through different advocate ?

2. Can No Maintenance be achieved, if court can be shown that she is working ?

Thank you once again.

It is not which advocate or how many advocates you have that matters. What matters is the quality of the submission and the legal arguments. Let the advocate prepare the RCR filing but do not sign and submit it until you have read on the applicable section and the related law. Read on as many cases as you can on RCR so you understand it thoroughly. Then suggest changes to the RCR filing prepared by your advocate and do so based upon your own reading. Only after you are satisfied should you sign and have the advocate file the same. Do not rush...  Legal success is very easy if you do your own research. Law is the easiest subject in the world to learn and understand.

With regards to maintenance, it is very simple... Your earnings vs. her earnings. Your qualifications vs. her qualifications. Your potential for earning vs. hers. Your income-earning properties/assets vs. hers. Hope you get the point. Your defense should address all these points to favor you. Of course, she will do just the opposite. Whoever is more convincing and produce more cogent evidence, wins! So, prepare thoroughly. Ask Court for more time, if you need, to get evidence on her earning, income, bank-balance, etc. File applications to issue summons to bank-officers in banks where she has accounts, summon her employer, etc. 

GOOD LUCK!

Just the fact that she is working, of course, does not suffice to disqualify her maintenance.  It will only have a bearing on the quantum of maintenance that she qualifies for. My previous posting gives details.

@ Samir N (2HelpU) :
When I say divorce based upon RCR in my initial response,  I meant divorce based upon desertion - Her refusal for RCR will provide grounds for you to seek divorce based upon desertion by her. Just a  technical issue but wanted to correct my mistake.

appreciate ur practical guidance.
bitter fact is it is very hard to find right capable and knowledgeable person in every sphere.
appreciate ur RCR strategy. bt to save RIGHT one has to defend and best easy way is to counter with DV, 498-a to prove she is forced to leave. - think this is  common sense tht all advocate knw.