Amit Sharma (Technician - D) 10 April 2018

Suggestion Required Urgently

I have RTR going in Honourable Family Court Bandra since Dec 2014. Counselling was done (during which respondent denied coming back) and trial started which was not attended by respondent. On 10/3/16 ExPart decision order was passed. On the day of evidence filing, respondent filed her written statement (which was false and proofs of the same were given to Honourable Court by me) along with fine for cancellation of ExPart Decision Order and Maintenance claim u/s 24 of HMA. As child is staying with her, Maintenance order was passed by Honourable Court on 03/01/18 (which is high as compared to my net salary) and I was told for Chief Filing. My lawyer told me that she has also applied for RD. I am in total confusion that even when I'm ready to take her home and till date all expenses of the child are borne be me, how come maintenance order and RD can be filed against me. I need urgent second opinion in this case please.

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Originally posted by : Amit Sharma
	I have RTR going in Honourable Family Court Bandra since Dec 2014. Counselling was done (during which respondent denied coming back) and trial started which was not attended by respondent. On 10/3/16 ExPart decision order was passed. On the day of evidence filing, respondent filed her written statement (which was false and proofs of the same were given to Honourable Court by me) along with fine for cancellation of ExPart Decision Order and Maintenance claim u/s 24 of HMA. As child is staying with her, Maintenance order was passed by Honourable Court on 03/01/18 (which is high as compared to my net salary) and I was told for Chief Filing. My lawyer told me that she has also applied for RD. I am in total confusion that even when I'm ready to take her home and till date all expenses of the child are borne be me, how come maintenance order and RD can be filed against me. I need urgent second opinion in this case please.

It looks like your advocate has not done his job.

What you can do is. On next date you can tell the judge that you are willing to take the wife back. If she is not interested to come, you wont pay any money to her. You can give this in writing too. As it is not your fault that she stays somewhere else, and why should you feed her when she is not with you? This argument should have been done by your advocate. Which I am sure he has not done. So You do as I said. Then if judge tells that it is not possible. Then tell judge that if she is not ready to join let her agree for mutual divorce. Go for mutual divorce. You can decide about kid's future later. It needs very strong presence of mind and argument capacity to put this before the judge.