Legal query on filing of a restitution of conjugal rights petition..

Q 1. I filed RCR (restitution of conjugal rights) before 9 months and before I get ex-party they just appear. Next month is another date, at which they are going to give their reply. But during these RCR period also few things happened, which is bit intolerable to me.

So before they reply to their court can I withdraw the case and file a fresh divorce case, so shall I explain during the hearing date and I will simply tell to magistrate that "although I filed RCR but as in between these things happened, so right now I am not going to take her any more"...In such case "if she will play a dual game for just to show interest and after that court will make bound to me to take her and once she will come and do the same cruelty and run away and then file all cases then I will be nowhere".. As right now she is separated for more than 1 year, so now I guess if she will file cases then I can say that "If I did any cruelty then why she did not filed any cases so far, and in order to avoid her mistakes, she is filing these cases".
Can anybody suggest me that, withdraw of RCR take how long? Or same RCR can I add something and request to court for make it to divorce case? Or divorce should be separate case?

Can she able to transfer the case to her jurisdiction? (As I filed in family court, and at their home town there is no family court (only lower court is there). In such case she may have to transfer either to his season court or to her lower court? Regards KVN.

Ans. In my opinion, it is not advisable to withdraw RCR case. Filing of RCR itself is a bar for your wife to file any criminal complaint against you. Please wait and see what actions she is taking. At this stage, it is possible that, she can come with a stay order by filing a transfer case. Or she can file her objections too. Even if she does file her objections, you will come to know what her stand is. She has moved away from you since 1 year, she must have got some reasons for this. Now if you find she has no intention to file any transfer case, please go for mediation. Here you can agree for divorce without further delay, file a separate petition and get divorced, you cannot make any changes in RCR to convert it into a divorce case. If you withdraw your RCR case, you are starting from scratch. Even if she says, she is ready to join you; you will be able to understand her during the course of the case. You can take a call at that stage. Withdrawing any case is a matter of minutes. Just appear before the Court on the date given and file a memo stating so and the Court will happily close the case saying case not pressed.

Also continuing the present case has an added advantage, that, you can anytime decide to file a divorce case during the pendency of the RCR and hand over the summons or notice to her by informing the court in the RCR case, if mediation fails and you doubt the RCR will be decreed in your favour, then get it withdrawn.

Q 2 My wife has been putting up at her parents’ house for a little over past six months with my kid. All my and my family's efforts of bringing her back are in vain. My parents, family members, mediators of our marriage tried to contact my in-laws but they don’t respond at all my efforts of calling her and seeking to meet her at her parents’ house are being neglected / avoided / rejected. She hasn’t called anyone in my family (including me) since the time she left home, has picked up calls only once or twice from my/our side outta over 50 attempts. 

Questions:

1. How can Section 9 help me bring her back home? -RS

Ans. Well, filing a RCR is a blessing in disguise, but cannot guarantee that your wife will come back and join you. However, filing a G & W C along with RCR will keep the pressure on your wife to consider coming back. Further with RCR, she cannot file any criminal complaints against you or your family, like 498 A, D V act etc. I suggest, attempts to reconcile made prior to filing a case are always fruitful either personally or through a counsellor and use of legal remedy should be the last resort.  

  

Legal query on how to proceed when a divorce case is filed by wife....

Q 1. Please guide me what precaution should be taken in my case. They file a case in U/S 13 [1] [i-a] sec. 24 & sec. 25. And demand 40 thousand as interim maintenance. & 20 lakhs as compensation after nearer to two years separation. Reason given I have no responsibility in my family. Fact is I & my brother has to carry burden of my grandfather, my father & mom and my youngest bro. whereas she is form elite family but because of death of her father they make a scene like professional that they r hand to mouth. She is BA with ECCE and was worked with tree house before that what they told. For us to fulfill their demand is next to impossible. My first hearing will be on 19th Nov. they also intentionally mentioned my wrong address in petition but post people deliver regd. letter recently - after 15 days with necessary changes in pin code, name of suburb. Chances are if they [post people form diff. post office - I have track record with help of registration no.] don't take trouble, I may not receive it. How to prepare our petition. Time is very short. They also blame for mental cruelty. I came to know from other sources that they file police complaint in their area. Form letter experience now I believe there are chances they also filed complaint with wrong address. So in that case do police take action if I present in court of their jurisdiction? What shall I do? Please. help & guide. My case is in thane court. They belong to a very elite family having political, judiciary and contacts in police circle. Reason is me and my family deny obeying them like dog. CNN.

Ans. Well, when such a divorce petition is filed by any of the parties in your case your wife; you must first appear in Court through a local lawyer, who will represent you before the Court. Please try to see that, this lawyer has sufficient knowledge of family law cases. Now while replying to the petition, you must first write para wise your contention and how the matter has reached to this stage. Then you must reply to her petition sentence wise and para wise, you have a right to deny and say all that is stated is false. You can also reject all her claims; you can also submit your financial responsibilities  and state how financially she is sound, add proofs of her finances if available like salary slips, bank balance, property if any. In case she has left you on her own without your consent, you can say so and this is also a ground where you can deny any maintenance to her. The Court will not grant whatever she has claimed, so do not worry, but the burden to prove that she is not eligible to all this claim is yours. So do submit everything in detail.

Q 2. Notice [petition]  is back dated on petition. And no marking of any type of court marking. With covering letter of her advocate had a date on covering letter is recent. My address is mentioned wrong so I get the post after 10-15 days. Thankful to different area of postal authority. From this my observation, like to know is it FOUL PLAY played? This is FIRST HEARING or FINAL HEARING. CNN.

Ans. This is no issue, as long as you have got the notice. You can mention you correct address in your reply to the petition. You can take this plea of foul play in your petition; if you are sure your wife knows and has lived with you on the address where you reside. It is possible that, she has done deliberately so that, 1) she gets time to reconcile with you or to decide if filing the petition is the last go; 2) Maybe she wanted a divorce ex-parte (uncontested), so that, it will be faster since you will not object to whatever she has said in the petition. Your case has just begin and will take anywhere between 1-3 years, if you decide to contest it, however, if you compromise, the case can be settled in a short time.

Legal Query on claims after husbands death

Q & A

Q 1. I was married 1year ago and my husband was central govt employee , we both were staying in govt quarter allotted to us after our marriage. But after few months we booked a flat  and planned to settled down there but suddenly my life took a drastic twist my husband meet an accident and left behind me as a widow . After this incident I came to know about my in-law real faces , they started abusing me and forced to go to my mother’s place but now real problem started:

1. Please tell me what should I do to get the possession in flat and get  it registered (not registered till now) as  I have no place to stay ,as no longer I can stay in company quarter. my father-in-law and brother in law both are working in a good company and earning good salary and they have their own quarter.since they are now allowing me to get the possession and creating problem  for me.

2. Till now I haven’t got any compensation from company as their was no nominee declared by husband . my inlaws are claiming for the company claims. What should be done in this respect? 
3. As I have no source of income and I am asking for job on compensatory basis but there is no positive response from company .kindly suggest what should be done in this respect as I have sent my application and continuously forwarding my reminder to the senior authority . as I have done master in business administration and looking for job in behalf of my husband who was central govt employee.
Please suggest best possible way to resolve my problem.
 

Ans. First, you personally visit your husband's department and fill up the compassionate appointment application and file all the supporting documents- your marriage card, your educational qualifications etc.  The purpose of providing compassionate appointment to the dependent of the deceased is to provide her succour and tide over the financial difficulties which she may face immediately after his untimely death.  If you delay this filing process, you will lose the right to get the compassionate appointment.  Next, about his money lying in the department - salary, PF account and pension account and gratuity amount, etc.  You have to file a separate application along with the documents of marriage - marriage card will do.  In that application, you have to clearly mention that the department shall not release the amounts to anyone excluding you and if they do so, they would be held accountable. You need not to bother that your marriage has not been registered.  In India, till date to prove the factum of marriage, production of marriage certificate is not mandatory. I suppose and you said above that the department refused to release these amounts on the ground that your name has not been entered in their records.  If they refuse, then you have to file a suit seeking succession certificate from the competent court.  In this case you have to make your in-laws and the department as opposite parties.  His mother and you both will get equal shares. Next, in respect of flat write a letter to the owner/builder of the flat asking him to register the flat in your name.  I suppose the entire amount has been paid.  If he refuses (at the behest of your in-laws), then you have to approach the civil court for declaration that you are the owner of the flat and also seeking the direction to register in your name.  Here also, in this flat, your mother-in-law and you will have equal shares.  In this case also you have to make your mother-in-law as well as the builder/owner of the flat as opposite party (defendants).  If you get compassionate appointment and if you have not left the govt. quarter, you are entitled to stay there.

(Credit-Adv.Chandrashekar)

Legal Query on cancellation of gift deed & marriage settlement

Q & A

Q 1. I have three step elder brothers A, B & C. They got a registered gift deed from their mother (my step mother) in 1975 which was actually purchased by my father capital in 1969. B & C given there part share to me vide registered Gift deed in 1985 (I was 3 years old). According to 'C' he was minor (16 years) according to his school mark sheet. Now B & C have filed a Title suit in Court in 2010 against me to kick me out of home. The case is still pending in competent court. The court ordered to put evidence. But I have given preliminary issue settlement petition against time limitation (as 27 years have been passed). I have a notice in Advocate letter head given by 'C' in 1989 to father regarding to cancel the gift deed. And after that no case has been executed. But in this case he is saying that he had no knowledge about his gift deed and father has cheated with him. 1. I want to know that is my gift deed can be cancelled ? & 2. Is there any validity of Title suit pending in court ?. Regards, N.J

Ans. Well, a gift deed can be cancelled by the court of law, if it is proved that, there is undue influence or fraud. However, 12 years is the period and the age of maturity ie 18 years, is considered to be crucial after any transfer of property, where a minor is involved.

In your case, your step brother B & C, gifted you the property. I can help you with the points you can use to fight your case, as giving mere legal opinion is not possible unless all documents are verified.

1. Since they were minors at that time, some elder must have signed on behalf of them, if not then how can they enter a legal contract?

2. If no action is taken within 12 years of such a transfer, then by adverse possession, you become the owner.

3. The said gift was not induced by you either by undue influence or fraud.

Based on the above, you have chances to win the case.

Q 2. My spouse is in India and working with Company and earning a handsome income. I have move to UK and she is refusing to join me and her father is asking 30 lakhs + car + jewellary as an alimony. Please advise should I fight the case as she is masters and working or should I give alimony for mutual settlement ?  RS

Ans. Settling issues mutually by mutual consent is always advisable rather than fighting in the court. As rightly understood by you, if you do not subject to her demands, she might file all sort of criminal cases against you like 498 A, DV Act etc. to get what she wants.  Which will delay your divorce, increase your expenses and probably put you in a negative bracket harming your USA residency.

Why not try and negotiate. Take help of near and dear ones or some good mediator or a marriage counselor. As advised above, do not aggravate the issue or allow others to control it.