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Subhomoy Das (Retail Manager)     13 July 2011

RCR

HI,

ONE OF MY FRIEND Mr. RAJEEV  WAS MARRIED TO MADHURIMA IN JUNE 2008. IN FEB. 2011 MADHURIMA DELIVERED A BABY BOY AT HER PARENTS HOUSE. MADHURIMA WAS AT HER PARENTS HOUSE SINCE JULY 2010 WHEN SHE WAS PREGNANT. NOW MADHURIMA HAVE JOINED SERVICE IN A KINDER GARDEN SCHOOL AS A TEACHER AT HER PARENTS HOUSE. THIS ACT WAS SUPPORTED BY HER PARENTS TOO. NOW MADHURIMA DONT WANT TO RETURN BACK TO HER MATRIMONIAL HOUSE. SHE IS STAYING AT HER PARENTS HOUSE WITH THE BABY. MADHURIMA DOESNT WANT TO SPEAK WITH HER RAJEEV WHENEVER HE ASKED HER TO RETURN. MADHURIMA IS JUST ASKING RAJEEV TO SEND MONEY EVERYMONTH FOR HER AND FOR THE BABY WHICH RAJEEV WAS DOING ALL THIS MONTHS PASSED BY.... BUT RAJEEV STOPPED SENDING MONEY FROM JULY 2011 BECAUSE RAJEEV WANTS TO TAKE CARE OF HIS WIFE AND BABY BUT ONLY IF HIS WIFE RETURNS TO HER MATRIMONIAL HOME.OUT OF NO OPTION RAJEEV FILED A RCR IN THE SESSIONS COURT.THE RCR TRIAL IS ON. BEFORE MARRIAGE RAJEEV USED TO WORK IN OVERSEAS.... HE BOUGHT A 3 BHK FLAT HOUSE. HE PAID AROUND 70% OF THE MONEY. REMAINING 30% AMOUNT PAID BY RAJEEV PARENTS. BUT THE HOUSE IS REGISTERED (DEED) IN NAME OF RAJEEV`S MOTHER. RAJEEV DID THIS AS A MARK OF RESPECT AND SENTIMAENTAL VALUES TOWARDS HIS MOTHER. THAT TIME RAJEEV WAS NOT MARRIED.

MY QUESTION IS:

MADHURIMA`S LAWYER PRAYING TO JUDGE NOT TO RESTORE THE CONJUGAL RIGHTS BECAUSE RAJEEV HAVE ALREADY ENJOYED HIS CONJUGAL LIFE WITH HIS WIFE AND HENCE THE BABY BOY WAS BORN. SO RAJEEV CANT RESTORE ANYMORE CONJUGAL RIGHTS WITH HIS WIFE MADHURIMA. IS THIS DEFENCE BY MADHURIMA`S LAWYER IS  TRUE / JUSTIFIED.

DOES RAJEEV`S WIFE MADHURIMA HAVE ANY RIGHTS ON TO THE FLAT HOUSE WHICH IS IN NAME OF RAJEEV`S MOTHER. RAJEEV`S PARENTS ARE BOTH ALIVE AS ON DATE. AS THE FLAT IS IN RAJEEV`S MOTHER NAME DOES MADHURIMA CAN CLAIM HER RIGHTS ON TO THE FLAT AS HER HUSBAND PAID 70% OF THE FLAT AMOUNT (BEFORE MARRIAGE).

PLS HELP......



Learning

 1 Replies

rajkumar (student)     13 July 2011

This post  was already answered .

MADHURIMA`S LAWYER PRAYING TO JUDGE NOT TO RESTORE THE CONJUGAL RIGHTS BECAUSE RAJEEV HAVE ALREADY ENJOYED HIS CONJUGAL LIFE WITH HIS WIFE AND HENCE THE BABY BOY WAS BORN. SO RAJEEV CANT RESTORE ANYMORE CONJUGAL RIGHTS WITH HIS WIFE MADHURIMA. IS THIS DEFENCE BY MADHURIMA`S LAWYER IS  TRUE / JUSTIFIED.

She cannot have any rights to says this ,Its like u ate yesterday ,today ,so u don't need food tomorrow  ,because u already had .  Only without sufficent reason RCR can be refused .She has to prove her valid an sufficient reasons for her to live seperate ,that's her burden to proof .

DOES RAJEEV`S WIFE MADHURIMA HAVE ANY RIGHTS ON TO THE FLAT HOUSE WHICH IS IN NAME OF RAJEEV`S MOTHER. RAJEEV`S PARENTS ARE BOTH ALIVE AS ON DATE. AS THE FLAT IS IN RAJEEV`S MOTHER NAME DOES MADHURIMA CAN CLAIM HER RIGHTS ON TO THE FLAT AS HER HUSBAND PAID 70% OF THE FLAT AMOUNT (BEFORE MARRIAGE).

PLS HELP......

She cannot claim properties on ur mother's name even if its purchased after the marriage . So don't worry

 


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