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engineer222 (none)     12 March 2012

Wife stuck in usa due to visa;rcr mc pending

  1. Wife stuck in usa due to visa issues and unable to come back for maybe next 2 years
  2. RCR & maintenance cases are pending in family court since march 2011
  3. wife's side lawer is attending all hearings.
  4. initial counselling between wife and me not done, hence , judge is refusing to move forward or grant any maintenance to childrens as requested by wife's lawyer
  5. judgge is refusing to hear any thing from wife's side lawyer as the initial counselling is not done.
  6. 2 children's coustody is also pending
  • my question is HOW TO BEST UTILIZE THIS SITUATION for my benifit as my wife cannot come to india
  • can i file criminal cases against wife while the Restitution case is still pending?
  • which criminal cases can i file?

 



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 3 Replies

Tajobsindia (Senior Partner )     12 March 2012

 

 

Originally posted by :engineer222

"

Wife stuck in usa due to visa issues and unable to come back for maybe next 2 years
Take:
Ok noted the time line.


RCR & maintenance cases are pending in family court since march 2011

Take: Who filed what here?


wife's side lawer is attending all hearings.
Take:
Atleast her side is being represented hence chances of exParty is bleak in this brief.


initial counselling between wife and me not done, hence , judge is refusing to move forward or grant any maintenance to childrens as requested by wife's lawyer
Take:
Counseling is not compulsory in FC and or ordinary Civil Court
however it was seen as compulsory only when final Decree is under challenge. Now here in your half brief who has the interim custody of child mention that we have no clue so no reply cometh.


judgge is refusing to hear any thing from wife's side lawyer as the initial counselling is not done.
Take:
Read above first few lines.


2 children's custody is also pending
Take:
Who has current interim custody of child and who filed for custody?


my question is HOW TO BEST UTILIZE THIS SITUATION for my benefit as my wife cannot come to india

Take: Unless we know who filed what and who has interim custody of children how do you expect us to guide you further !


can i file criminal cases against wife while the Restitution case is still pending?
Take:
I read someone between you two filed RCR suppose it was your lordship then why this criminal thought in mind is my que.? And if she filed RCR (suppose) then the moment you file criminal case it shows your 'wrongs' carried from RCR non executable decree into divorce kitty of hers. So it is easy to file crl. case in India
but application of mind should not be lost.  


which criminal cases can i file?
Take:
Are you criminal minded person kya or she is criminal from above half backed briefs can you guess, if yes then tell in brief supposedly crl. activity (as facts) we will tell you exact Section under The Code to file now
J



All half briefs receives above type of half replies
L

"

 

 

engineer222 (none)     12 March 2012

Wife stuck in usa due to visa issues and unable to come back for maybe next 2 years
Take:
Ok noted the time line.


RCR & maintenance cases are pending in family court since march 2011

Take: Who filed what here?


me filedRCR, wife filed-Maintenance..

wife's side lawer is attending all hearings.
Take:
Atleast her side is being represented hence chances of exParty is bleak in this brief.


initial counselling between wife and me not done, hence , judge is refusing to move forward or grant any maintenance to childrens as requested by wife's lawyer
Take:
Counseling is not compulsory in FC and or ordinary Civil Court
however it was seen as compulsory only when final Decree is under challenge. Now here in your half brief who has the interim custody of child mention that we have no clue so no reply cometh.
.judge is saying that counselling is COMPULSORY and she wil not grant maintenance to children or wife with out it being done atfirst

judgge is refusing to hear any thing from wife's side lawyer as the initial counselling is not done.
Take:
Read above first few lines.


2 children's custody is also pending
Take:
Who has current interim custody of child and who filed for custody?
.children are with wife, its not interim custody or any thing, its just she had taken them forecefully. "dada giri"

my question is HOW TO BEST UTILIZE THIS SITUATION for my benefit as my wife cannot come to india

Take: Unless we know who filed what and who has interim custody of children how do you expect us to guide you further !


can i file criminal cases against wife while the Restitution case is still pending?
Take:
I read someone between you two filed RCR suppose it was your lordship then why this criminal thought in mind is my que.? And if she filed RCR (suppose) then the moment you file criminal case it shows your 'wrongs' carried from RCR non executable decree into divorce kitty of hers. So it is easy to file crl. case in India
but application of mind should not be lost.  
.i filed RCR and wife filed maintenance

which criminal cases can i file?
Take:
Are you criminal minded person kya or she is criminal from above half backed briefs can you guess, if yes then tell in brief supposedly crl. activity (as facts) we will tell you exact Section under The Code to file now
J

.i am not criminal minded, i waited for her for 4 years asking her to come back .. she took my money , and children and she destroyed my life leaving me alone in this middle age... is that not a crime???

All half briefs receives above type of half replies
L

Tajobsindia (Senior Partner )     12 March 2012

 

 

Originally posted by :engineer222

"

me filed RCR, wife filed-Maintenance.
Take: OK noted.


judge is saying that counselling is COMPULSORY and she wil not grant maintenance to children or wife with out it being done at first
Take:
 Submit in writing before same APJ / PJ as the case may be that in case(s) of one of the spouse being a NRI and or living overseas Counseling cannot be 'compulsory" as per mandate of NCW before well attended august Paryawasi Bhartiya Diwas Conference 2011 bze the intention of FCA, 1984 is to speed up dispensing of Justice especially to abala naris now play same glycerin card in Court but in reverse style and see ld. APJ/PJ's reaction. Let her (APJ / PJ) pass an Order accordingly to your this plea then come back here for next set of things to do.  Remember here speak of your "interest" i.e. RCR and visitation and let other side Adv. speak of his interest i.e. maint. J  


children are with wife, its not interim custody or any thing, its just she had taken them forecefully "dada giri"
Take:
It is a self imposed status quo dramatically self maintained situation by lady in your life so it seems to me. So what do you want now?. If it is not interim custody then are you praying for "full physical custody" ?


i filed RCR and wife filed maintenance
Take:
Already noted that in abv.


i am not criminal minded, i waited for her for 4 years asking her to come back .. she took my money, and children and she destroyed my life leaving me alone in this middle age... is that not a crime???

Take: I did not allege such things; how can I afford to do so in public forums J However now what you want by filing nimbu pani an RCR suit and even after 2 years once she comes (as per her wishes) what great RCR will do to your eclipsing middle ages? Also think can a MAN really remain alone amidst 1.32 Billion indigenous population nahi na so aab time aay gaya hai HC ke D/B janey ka apko nahi toh wait 2 more years then come back here we will guide on next set of condonation limitation things to do that also once your grand lady sets her pearls on Indian soil after 2 years and meanwhile pray my Membership A/C not being deleted………………...

"

 

 

 

 


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