How to contest the divorce and maintenance case filed by wife along with my RCR case. I am pursuing my post-graduate degree in general medicine. How to contest the divorce and maintenance case filed by wife along with my RCR case? My wife has filed a petition under section 125 of the CrPC for maintenance for herself and our newborn baby boy. I have filed an RCR (restitution of conjugal rights) case against my wife. Before filing that case, I had sent her a legal notice, but there was no response. In response, she has filed for divorce. The main issue is her extramarital affair. Despite that, I want to live with her because of our son. My advocate suggests seeking a DNA test to establish paternity of the new baby. How can we contest my wife’s maintenance and divorce case?
If your goal is to reconcile with your wife and maintain your marital relationship, it may be best to avoid DNA testing and accept the child regardless of any doubts about his paternity. However, if you have strong and convincing reasons to seek restitution of conjugal rights, your wife’s divorce petition may not be successful. She would need to prove that you are guilty of cruelty, adultery, impotency, or other grounds for divorce.
If your wife cannot prove such grounds in court, her divorce case may be rejected. Additionally, if she has no valid reason for living separately from you, she may not be entitled to receive maintenance. Therefore, you may be able to get her maintenance case dismissed as well.
