• MC case files by wife under 13(1)(1a) on me

Hi my wife has filed a MC case a year ago 13 1 1a and I'm attending the same till date. She has adultery and also arrogance and abusive as well. I don't want her by any means. Now my lawyer has suggested to object their petition asking for reunion to my native place with my mom. On one side I strongly believe she won't accept the other side im worried what if she accepts the same. Kindly suggest me the best option. Also looking for my 7 year old daughter custody as I can't imagine my kid with her in such environment
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

Its better to end the marriage and move on with there own lives rather endless battle in court. In my opinion best may is to go for mutual consent divorce and get the custody of child with you.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

Wife guilty of adultery is not entitled to any alimony or maintenance 

 

2) if you are able to prove adultery she would not get maintenance 

 

3) file for divorce on grounds of mental cruelty and adultery 

 

4) make her lover co respondent in divorce case 

 

5) seek sole custody of your daughter 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If you are able to to be added to then definitely you will not be liable to pay any maintenance amount but you have to prove that it in the meantime the court can award some startup maintenance amount your wife.

If you are not happy with your right behaviour and she is abusive as well as in adultery then what is the point of mediation and compromise you need not to go for the this and better to  change the lawyer.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hi

File for custody of the child 

Proceed with the steps of settlement. 

Try convincing her for Mutual Consent Divorce

These are main things ,

Need more details for further suggestions. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

See you can file a reply responding to divorce petition of your wife stating that she is cruel and has committed adultery, also deny allegations made by her against you and cross petition of divorce alleging cruelty and adultery can be filed by you.

You can make the man your wife is involved with as respondent no. 2 in your petition.

The maintenance can be also contested on this ground.

Also you can apply for the custody of the child on ground of welfare of the child. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court. and also file child custody case giving above proofs.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can apply for custody but quit possibility you will be granted visitation right on weak days and talking very day.

And when wife herself had applied for divorce, file cross objection and pray for divorce on your ground. Court may offer option for mutual consent diovrce.

Even if she refused reunion after order of court, she can apply for maintenance. Prove her adultery, valid ground for divorce and denial of maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir,

You are entitled for divorce on the ground of adultery and also permit custody of the child as you are wife leading adulterous life. The best option you have to exercise is to permanent custody of the child. Further you will get divorce without any alimony to your wife as she is leading adulterous life.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You need to decide if you accept that reunion factor you can't later deny and that can boomerang on you. It's better you insist for divorce due to cruelty and adultery grounds and seek custody of child on grounds of adultery

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

In case of adultery wife cannot claim maintenance or alimony in court of law. There is no need to pay alimony or anything. But you must have strong proof which proves that your spouse is indulge in offence of adultery, so try to collect more evidence which will make your case more strong. 

Adultery does not really affect the custody of child-ren  in divorce case. 

According to the Act, child's welfare is to be paramount while deciding the matter of custody of children.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you have decided and are firm in not accepting hr back to your home, then dont agree to your lawyer's suggestion for compromise and reunion.

If the child is with you then you do not have to file even the child custody case.

You can continue the divorce case as per your decision but you may change the lawyer if he is not cooperating.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. You should file counter claim in the case and pray for divorce and custody on ground of adultery and mental cruelty by your wife. 

2. You should file this counter claim of adultery if you have some proof of her adulterous relationships. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. It is in your interest to contest her petition. If you don't contest it then court will pass an ex parte decree in her favour but it will be an admission of allegations on your part.

2. You are also free to seek the custody of your daughter by filing a petition under Guardians and Wards Act.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If she is involved with other people then it is better you stay away from her. Therefore you need this divorce and also demand custody of your daughter.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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