Civil Procedure Code (CPC)

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chandr   16 November 2019

Rcr

My wife is separated since last 2 year. my wife is in Govt job.i put RCR petation in family court . during the case proceeding in trial court she slaped me and threatning for life.Also she put transfer pettation in high court. which got rejected. I have my child which is 90 % disable and he is living with me .for my child i demanding maintance from her working mother.but after high court transfer petation rejection, she saying she want to come back, she saying she will be available only on saturday and sunday.her working place is 100 km away from my place. and she living with her parent which is 15 km away from her working place.but above incident i dont want live with her.but RCR is my petation.she is trying to game with me for neglecting child maintence .Kindly give me some solution how can i save myself from this cruel lady.



 10 Replies

Sudhir Kumar (Dy Director)     17 November 2019

Lucky.

 

You failed in your attmpt to be charged true/false under 498a despite provocation given by filing RCR.  This forum is full of many queriests who succeded in the same.

Sudhir Kumar (Dy Director)     17 November 2019

you are calling her a "cruel lady"

 

OK

 

you also told that her place of work is 100 Km away and your blog shows no intention of shifting house to nearby place.  So it apears that you want her to spent 1/3 of days time in travel alone [already 1/3 time of day in work] + daily chores and with no time to rest to gain energy for the next day.

 

Who is cruel?

Sudhir Kumar (Dy Director)     17 November 2019

You have a 90% disable child.

 

With your present place of residence and wife's place of work the child cannot get care of both parents.  You wife placed in present circumstances is (as you told) is ready of be with family on weekends (certainly she cannot be thre from Manday to Friday.  But you do not want that (as appearing from brief descripttion you gave)

 

Who is cruel?
 

Sudhir Kumar (Dy Director)     17 November 2019

I knowe you will be annoyed.

 

But but But

It is your own descripttion which indicates as above.

G.L.N. Prasad (Retired employee.)     17 November 2019

Instead of seeking maintenance, try to stand on your feet and take up some work, be self sufficient and that makes the entire family happy..  In case of all lower middle class families, all should stand for one, and one should stand for others and contribute financially and mentally for maintaining peace in the family.  Be self-sufficient and hold a commanding position in all respects.

Sudhir Kumar (Dy Director)     17 November 2019

better find amicable solution which appears to be round the corner.

 

Your case is not irrepairably damanged as yet.

Adv Deepak Joshi +917017821512 (Advocate)     17 November 2019

why don't You work and make sufficient money for family survival

R. K. Singh (Business)     17 November 2019

yours appears to be a case of desertion .. your wife left not only you but also a 90% disabled child .. since the separation is two years old and now wife is saying she will not be available on weekdays .. it appears she has joined the job after separation. it appears because of these reasons her transfer petition was rejected in High Court.. i think there is no question of you shifting residence to her place of work in such a scenario.

whether the incidents of she slapping you and she threatening you of life ... are on record of court? did you file any application for that purpose? if the incidents are on record then you have fair reasoning of withdrawing the rcr petition and yoiu can file a divorce petition. 

you should definitely seek maintenance for yourself (depending upon your income levels).. and for the child .. you can file application in rcr petition .. hindu marriage act provides maintenance to "spouse" and not only to "wife" .. there are several cases where maintenance was awarded to husbands by hon'ble courts.

chandr   17 November 2019

Asking maintenance for my child not for me

Dr J C Vashista (Lawyer)     18 November 2019

You have already engaged an able, competent and intelligent lawyer who is well aware about the facts of the case, what is his/her advise, proceed accordingly without seeking obligation of experts on this platform as they (experts) can form opinion and oblige you on the basis of limited facts.

However, if you feel strong for second opinion and guidance consult a local prudent lawyer with relevant case file/ documents.


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