Legal Question in Family Law in India

Dear Sir,

Good Day to you....

MY CASE HISTORY

sir i have filed for RCR in court, in the beginning court has initiated for the counseling , later my wife has attended 2 out of 5 counseling, then they did not appear for any of the hearings and i don't know the reason

later after counseling as they did not appear judge has ordered for the Ex - Parte evidence in my favor , but on the ex parte date my wife and their advocate assembled before court and filed a Set aside petition stating that my wife is ill and then we filed a counter against the set aside petition where judge accepted and fined my wife with Rs,. 500/- pay to me ....

After that my case moved to part heard , where i came to know that its a cross examination since then they are asking for dates for the past hearing and judge also accepted , finally judge has warned and said on Jan 29th 2012 is the final hearing and must cross examine , on that day UN fortunately judge was on leave and their advocate has filed a divorce petition and asking the clerk to number it and due to non availability of the judge the clerk given a date on March 4th ,after that i have received only their divorce petition with mental torture and other false allegations , cross examination was not done till now and judge has clubbed my RCR Case and divorce case filed by them ....

and this case is prolonging as my wife is not appearing in court after filing the divorce petition am just getting only the hearing dates postponed ,

I have filed this RCR Case in the year 2010 and no conclusion made so far

Please guide me in this regard, whether this clubbed case will have counseling once again or it will be decided very soon ...? my wife and advocate filed divorce petition and why they are not appearing in court and please guide me in this regard am helpless

Please advice me

PLEASE FIND THE ENTIRE PROBLEM FACED BY ME BEFORE FILING RCR IN COURT :

Marriage was fixed through matrimony website,my self was working on behalf of icici bank personal loans and was earning well, i told a lie that i have completed degree, but i was having arrears,i did not consult my family for marriage, my wife had a brain tumor knowing this i married her, my family members said no for the marriage, and considering my wife health i asked my father in law to see a house near by them,but unfortunately every thing went bad first i got a loan from my father in law of rs 50000 before marriage, because my father was not financially sound to conduct the marriage,to buy dresses and mangal sutra for my wife for that purpose i borrowed from my father in law,without any interest, and i lost my job in icici after marriage and suffered for 6 months without a proper job so i pledged my wife jewels with her permission for 1,00,000, for which i gave a two blank cheque ,with interest from his friend both are state government employees, without a proper job was paying principal and interest , and my father in law threatened me that i will put a case by depositing your cheque ,for not paying the interest and principal, father in law does not believe me in sending my wife for a living . she had a brain tumor before marriage and i married her by knowing this, due to financial problem i pledged my wife jewel including( 150000). they even taken my jewel which they offered me on my marriage , i want a solution to live with my wife, they tortured me like anything because of this me and my wife got fight between, now they don't believe me sending their daughter with me , i want a solution whether to live with her or to divorce her.even my wife nodding her head what his father say . if she comes and stay alone with me i will take care of her, he used abused words to me and to my father, please suggest me what to do and now i have settled 60k out of 1,5 lakhs .they have taken all the things which they offered me on marriage like fridge, TV, washing machines and other house hold furniture's i have even given my wrist watch which they presented me on my marriage, i don't want their money and other things , am not money minded , my father in law gave me the loan through their friend both are in state government my father in law also done BA LLB , i need a solution for this big problem,i want to live with my wife permanently in my place but they are asking to stay near by them, i think this is not fair,please suggest me on this,

even i went for compromise talks and they are not even bothered about their daughters life please suggest me what to do

, am facing multiple problem in this case

1. I borrowed money

2. they are not allowing my wife to stay with me and on condition they are asking me to come and stay near them

3.they are not respecting my parents when they speak about solution and about compromise

4. Torture from loan lender that i will put your cheque in court

3 Answers from Attorneys

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