depressedbyall (proprietor) 06 September 2013

Streedhan rcr

previously widower wife not ready for mcd under any conditions nor even she is interested in her third remairraige but from outside she is showing interested only in her streedhan but inside she is eyeing for lumpsum which she did from her exhusband who is no more now .

1.firstly after returning her streedhan in mou if i mention that she cannot claim any kind of lumpsum or property or maintainance as she is not ready for mcd so that husband may be free for next mairraige

secondly my aim is only decree/divorce certificate as quick as possible without wasting time ,alimony or maintainance

2. purposely can i send rcr notice and if my wife doesnt replies then what happens next will decree of divoce will be passed immidiately in husband favour.

3. or after recieving rcr notice can she claim for lumpsum although no lumpsum pact signed in mou by her

b. she openly says i will never come back to matrimonial house again because she wasat fault for desertion for silly reason she has deserted for more than 2 years till date,she hates court matters and want to be far away from

c. she is employed, higher educated than me,never any torture in marraige life lasting for 4 months , tried thrice to bring her back through mediators

d. once she told me that she had not completed court formalities after death of her first husband but as this conditions dont make her any faulty in the eyes of law as husband is no more so i did not demand death certificates of her husband and went through aryasamaj mairraige arranged by her at guarat

e is aryasamaj mairraige valid because my fil says that mairraige was not registerd so aryasamaj mairraige is not valid in my case so can i consider that i am not married and go directly for further mairraige but they had done all affidavit photo signatures on some papers of whose acknowledgement is not with me at all because i did not dream that even this days will also come in my life

in india only notarised separation agreement is not enough for husband as compared to wife as i am willing for another mairrage after finishing all this matter but she says that she do not want to marry 3rd time again she just indirectly want even me too remain unmarried simly by not willing for mcd

so experience bench of advocates please give me final strategy to win the case understanding my situations properly !

my wife is at present in gujrat and i in mumbai i am searching for lawyer who can change the game from present gender biased law system of our country although male / husband may be 100% genuine and honest. like in my case.

your suggestion will be considered for handling my small case

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2 Replies

Tajobsindia (Senior Partner ) 07 September 2013

1. Firstly via reference find an advocate and after Chamber discussion hire his services.

2. Advised to file divorce using ‘desertion’ as ground.

3. Once petition admitted notice are issued and reconciliation / mediation proceedings before Court appointed counselors / mediators experienced in respective professions parties are sent to.

4. There express desire for MCD citing time consuming court proceedings and negotiate on some agreeable amount as alimony to part company. If she agrees with reasoning of trained counselors / mediators the parties divorce ends up via MCD route in 6-9 months with one or two visits of her to Court at the time of Statements.

5. Stridhan is exclusive property of a wife. Without demand arising husband – your family members are required to return them making list and seek wife’s and witness signature on them being returned in good conditions which is proof enough of return of stridhan.

6. RCR here is not useful as you donot wish to live her. Signing some notarized agreement and or notarising stridhan also does not entitle you for divorce.

7. Seeking divorce is an art and there is nothing called overnight Court giving you one.

8. Arya Samaj Marriage is a valid marriage in eyes of Law. One can always seek true Copy of Marriage certificate issued by Arya Samaj. Pictures of Arya Samaj wedding + ID proof + Address proof are enough to file Petition for Divorce in jurisdiction family Court. Court Jurisdiction is where marriage took place OR where parties last resided together OR where petitioner is currently residing. In my opinion file Divorce suit in Gujarat where wife is currently residing if distance to commute to her Court is not hindrance for you to avoid in future brush with a Transfer Petition before Hon’ble SC if she files to transfer the case from Mumbai to Gujarat or you can file in Mumbai divorce suit matter as this is residence wher eyou are residing and when she approaches for transfer to Hon'ble SC donot attend there the hearing to save cost/hiring AoR for contesting transfer case as most often it is transferred to wife's place. Here you will also save time whcih is what your goal is.

9. Patience is key to get divorce.

10. You have in my view above advice to act upon and nothing else.

unfortunate victim (owner) 08 September 2013

hi depressed

oh you are also unfortunate
ok first thing dont return all sridhan to her.any how make her ready for mcd.there is no use of mou in view of court but do it as some sort of safe guard for you.you call the meeting from both parties and apply immidately for mcd then only you will give sridhan in front of court. dont waste time.for more help contact nearst SAVE INDIA FAMILY MEMBER OR MENS RIGHT ASSOCIATION MEMBER YOU WILL GET THE CONTACT ON GOOGLE/FACEBOOK