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shriks........... (healyhcare)     23 May 2012

Urgent help

-i am a doctor, fell into a love marraige trap and harassed by in laws for property and money and to fullfill my wife's whims and fantasies.
-wife filed RCR in family court to which I agreed and attended the counseling sessions praising my wife .
-wife deserted .
- I agreed for reconciliation on 1 term that she should stay with me and take care of the house and do not let her family get interfered in our life.
we took rental flat 8km far from my inlaws house informing the fly court.
 - after just 2 months when my child’s 1st bday was coming (10th may), she took my child away to her moms house.
I went to my dads place as my mom was not well , in that time she took all the house belongings and jwellery and broke open the flat which belongs to my mom and close to her moms house(my in laws) and entered without informing the family court and disobeying court orders.
- now they are planning to launch all sorts of cases against me else we should give a huge amount and transfer the flat in her name for divorce or face court and police.
-she is taking support of her relatives and local goons and politicians to meet demands to which I have launched complaints

-divorce petition already filed but notice not recieved by her by the bailliff.
she knew and thus filed rcr,
-caw cell complaint also launched.
should i defend rcr for she deserting and no maintenance and then launch a house tresspassing case or withold divorce case and get rcr in favour and ask her to join which i know she wont?????



Learning

 2 Replies

Tajobsindia (Senior Partner )     23 May 2012

@ Author

 


1. It is standard practice of family Court to send couples on very first instance for counseling. During counseling if couple agree for certain joint decision then the main case is kept for abeyance and couples given opportunity to follow what they jointly agreed for.


2. Here certain situation developed between couples as per facts before us. The course aggrieved spouse needs to take are; File police report of trespass and misappropriation of property with copy of last order on reconciliation from court annexed to Police complaint, Take urgency Order from an DM / SDM and or Executive Magistrate under S. 144 CrPC, File a GD entry Police report about tresspass and stealign of household and property goods with list of such items and take signed/stamped/GD no. entry report with prayer for investigation from Jurisdiction Police Station where the house in question resides, File Application in Family Court under (civil) Contempt jurisdiction about disobeyance
of last Order of the Court by the other spouse with plea to dispose either way the said Miscl. Application under an time limit, refuse further counseling if you donot want her to rejoin matrimony as no guess work should be entertained as stated last line in your above facts, wait for disposal of said Applications outcome and then immediately file Application for withdrawal of RCR and stating matters as in your above brief and other recent developments file for Divorce with Visitation for child + consult on chalked advise with your Advocate too. By filing first above Magistrate suggestion you have already created grounds for Anticipatory Bail and few future material evidences for future litigation.   


Consider option for MCD to end all drams as traumas about to happen in familial life to retain long terms family harmony and that peace of mind in choosen profession.


For the records I donot know as to how an Family Court accepted RCR as well as Divorce petition by same party in same Court? Seems some procedure knowledge narration here by you as per feedback from your Advocate not properly understood. It is just an observation of mine and nothing personal.


BTW Matrimony is no more an experiment with truth of a devi ji now-a-days so let us not live in self inflected dream boat that "she will not join" reason being even if she does join she has many tricks to do harm to a family.

1 Like

shriks........... (healyhcare)     24 May 2012

divorce was filed by me in other court of same jurisdiction first  and wife filed RCR in family court later on.
i am not interested in paying her maintenance bcos that's what their idea is of withdrawing RCR filing DV and pleading for accomodation in our flat plus maintenance.
 should i contine with divorce proceedings or get RCR favouring me or defend DV  and sec. 125 for maintenance in case she files


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