shriks........... (healyhcare) 01 August 2013

Should i contest for year...???

1. wife filed rcr+125 interim not given case at cross exam stage...in fly court....husband filed say denying allegations and ready for co habitation but wife not interested.... cases clubbed for commom judgement......wife frowned and a big FROWN............

2. husband FILED DIVORCE......wife as usual 24hma.......husband himself contesting 24hma ....he very well argued at argument stage.......that he still ready to co hab but desertion and mental cruelities by wife forced him filing a divorce.......O.P. lawyer had no words for arguments........i smiled ,and disagreed to even pay a single penny...........

3. orders given r.s. pm...2000-/-........ I AM LOVING IT !!!!!!!! jus 2 days back and full credit goes to all lci member for guidance, advices and help.......hats off.......

4. i dont mind contesting for years now.......,question is can she go for appeal of this order......as she expected 25k pm.........

5. can i now deny cohabitation in rcr but willingness to maintain on condition of her staying with me......or should i skip 125+rcr dates.......??? ?? and contest my divorce......as she also filed much awaited and expeected DV but awaiting summons........seperated more than 1.5yrs

6. very sure if she comes for cohab....498+DV wold be my gift i donot mind paying pendente lite for years but a 498+DV is a NO....NO.....i can take them on.....but old age parents.....i dont wanna involve.......

7.MCD.....hahahahah asking for 1cr....and a flat......i started laughing when i asked them their demands......

8.she barged in a flat i gifted to my mom close to her own house......my parents stay at a place far away in other flat........i am asking her to co hab at my ancestral house........A NO FROM HER.......i know to deny my divorce on desertion she might come for few months....file 498+DV and go back......is it worth taking risk???????
9. the flames of passion and conjugal life are over long time back......she found sm1.......i almost found a friend........now tug of war is just for money .....they want too much.....
10. can hma 24 interim go on and on and on.........can petition of divorce be rejected easily even if alimoney is regularly paid........?????????????
11. what should be my next stand......please gulde experts..........you all really boosted my morale as me a doctor never knew a L of law......defended all of them right from sec9 hma to referring to citations of justice dhingra.......(batra v/s batra case....) minimising if not denying their maintenance........
12. the fully packed court hall including hon. magistrate really got impressed by the way i defended everything......it was a 25min argument by me which shut the mouth of wifes lawyer antd brought a smile on others faces...........I ENJOYED........I REALLY FELT GOOD

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 01 August 2013

It is for you to decide whether you want to bring back your wife or not. If you are keen to save your marriage then, you can give a try however, if you are sure that your wife has no intention to live a conjugal life with you and will just come back only to file a 498A then, do not take any risk....... bcoz a calculative mind can go to any extent if the only aim is to harrass for money and it won't be limited to 498A only and may become difficult for you to handle it.

In a divorce petition, the grounds have to be proved. Just bcoz you are willing to pay interim maintainance, the case won't go on and on for unlimited period. If you have filed for divorce, you can refuse to take her back in the RCR case. Any yes, she can challange the order of interim maintainance in the HC if she is not satisfied with it.

shriks........... (healyhcare) 02 August 2013

thankyou @archana mam,

1.yes i think taking her back would weaken my divorce as well as she is and will be ready with 498+DV.....
2. unchaste nature has been observed by me and have proofs but not so strong....so adultery difficult proving......
3. what pains her is inspite of all this i gave a say that ready to accept on condition of her living with me.......in 125crpc......
4. have grounds for divorce as she filed DV and deserted even after re cohabitation..
5. filed N.C. at police stations.....etc etc.......
6. i do not want to take her back.......

7.QUESTION here is since rcr is clubbed with common judgement....., can i deny cohabitation and show willingness to maintain defending my neglect....??????