Deepesh Bhagat (Manager Business Development.) 14 November 2013

Won rcr, facing 125

I am 40 years old.

After 13 years of marriage (have 2 daughters) My wife left me. She has developed intense interest in "Nirmala Devi's SAHAJ YOGA" and lost her interest in married and family life. She went to her mother with both the daughters over 3 years back. Upon failure in calling her back by all means, I have filed RCR which was finally decided in my favor with lots of advices to her. Court has accepted my application 100%.In the mean time she has demanded for Maintenance, which was granted by the court. (after decision it is stopped). In the same period she has filed 125 against me, which is going on (on court orders, I am paying interim maintenance also). Its now more then 18 months, RCR is decided in my favour. She has filed an appeal against the said decision in high court. upon completion of 1 year after the RCR decree, I have filed for Divorce.

My questions are :

1. Can high court impose stay on divorce case proceedings.

2. How can I avoid paying interim maintenance in 125 and section 24.

3. As she has left me without any genuine reason (proved in RCR), I dont want to pay any maintenance post decision of 125 and post divorce decision.

4. Can I get custody of both my daughters (aged 9 yrs and 13 yrs).

5. Somehow, I am sure of getting decision of 125 in my favour, Can I file a suit againt her for defamation and harrashment through 125)?

Hoping to get advices from all learned people here.

Thanks and regards.

Deepesh

Reply Follow

3 Replies

Aazad Sufferer (Advocacy-Family and women oriented laws) 15 November 2013

Though this query has been already answered by me long back ago, again I have the following say due to impulse of Nirmala's lady baba and even Iam feeling to be pulled out by her magnetic affect of bhasikaran...he he he.

I am 40 years old.

Opinion: What ajooba You have done by winning RCR against that wife who had already renounced this world due to some self acclaimed lured Baba's.

If you would have not fight your RCR also, the win was kept in locker for you only.So,nothing strange in that.

In the mean time she has demanded for Maintenance, which was granted by the court. (after decision it is stopped). In the same period she has filed 125 against me, which is going on (on court orders, I am paying interim maintenance also).

Opinion; If you are paying interim maintenance even after her wishful desertion I will directly point on your face that either you are big buffoon or your lawyer.

Even in this ground she has got the maintenance,I wonder what will be the real victim's case then...

Its now more then 18 months, RCR is decided in my favour. She has filed an appeal against the said decision in high court. upon completion of 1 year after the RCR decree, I have filed for Divorce.

Opinion: Yes,now you have shown some sort of insight.

However in my knowledge her appeal will not stand due to her own fault of desertion.

My questions are :

1. Can high court impose stay on divorce case proceedings.

Opinion: This question is not like a query better ask to Nirmala's lady Baba

2. How can I avoid paying interim maintenance in 125 and section 24.

Opinion: Put the RCR judgement copy forward with nice snaps of your wife with nirmala's lady baba . Alleging that "Dhyan se dekhiye yahi hai wo Baba jisne meri biwi ka bashikaran kiya hai"

3. As she has left me without any genuine reason (proved in RCR), I dont want to pay any maintenance post decision of 125 and post divorce decision.

Opinion: Same as opinion-2

4. Can I get custody of both my daughters (aged 9 yrs and 13 yrs).

Opinion: Yes.Same as opinion-1

along with proper fighting the GWA case with help of an efficient lawyer and not one like the current champ which you have hired.

5. Somehow, I am sure of getting decision of 125 in my favour, Can I file a suit againt her for defamation and harrashment through 125)?

Opinion: In my knowledge defamation on 125 crpc will be not maintainable and with due course it will become futile.

So,don't waste time and money on Indian judiciary.

Good luck.

regards,

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

Group:https://groups.google.com/forum/#!forum/498asaviours

Email: everysuffererisasaviour@gmail.com

AND

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

T. Kalaiselvan, Advocate (Advocate) 15 November 2013

Bhagat,

to your questions:

1)Pending appeal before the high court in RCR matter, the high court at its discretion may allow a stay petition against the impending divorce case,

2) Did the court permit you to avoid making payments in the maintenance cases both in civil and criminal law?

3) You can state this before the court in your counter/additional counter or through your chief examination,

4) You have to file a case under Guardians and Wards Act for that;

5) As a wife she has got a right to claim maintenance from you through the process of law if you are not practically maintaining her, so there is nothing wrong in she filing a case against you u/s 125 Cr. P.C., so where is the defamatory act in it ?

Deepesh Bhagat (Manager Business Development.) 15 November 2013

Point wise reply :

1. This seems absurd to me. She is not coming back and court does not allow me to take divorce also. What can a man do is such situation in such age. Its now more then 3 years and I am standing on square 1.

2. Interim maintenance after RCR is stopped post decision in my favour. But 125 is running in different court in different city. interim maintenance started in 125 before decision of RCR came. I am still paying interim maintenance in 125 case.

5. I am paying interim maintenance (section 125). Other then that I am not paying anything. Is it logical to pay her maintenance, when she has deserted me on her own will and wish (has been proved in RCR). Suggest me some way where I can avoid paying permanent maintenance after divorce. I dont even want to pay lump-sum amount. I dont want to be penalized if i have not done any wrong with her. Also please suggest how can I stop paying the interim maintenance decided by court hearing our 125 case?

Our judiciary system is very lethargic. They take years to decide something which can be decided in days and months. Moreover the system of appeals in higher courts makes it even worse. Courts should understand the physical, finalcial, emotional, professional and social problems of the victims. I know making decision in hurry can lead to mistakes. But in a crystal clear case like mine, where I have all the documentry proofs against her, while she has got only fictitious stories against me, this delay in decision, attending court dates at three different location 500-1000 km away from my work place is killing me. (appeal against RCR in Jabalpur High Court), section at BBurhanpur and section 125 at Pune)

Please help if somebody can.

Thanks

Deepesh