Rcr & dv

Swayamrudra (Querist) 09 November 2016 This query is : Resolved
Dear All
I am a 4th Sem. LLB student from Odisha. Unfortunately I am going through a mental agony due to my family dispute. I married on 05/12/2004 & we have 2 kids aged about 9 years & 5 years (both are leaving with me now). I need your suggestion on the following matter.

1) I had filed RCR on 22/08/16 U/S-9 in the Family Court & my wife received the same her on 15/09/16.

2) Now she has filed a counter case under DV act U/S-18, 19, 20, 21, 22 on dt.31/10/16 which was served to me on 04/11/16. Where she has made party to my Parents, unmarried sister(1) & married sister(1) along with an another unmarried girl, whom she suspects to be affairs with me. She has demanded alimony & maintenance along with the custody of both children. The allegation mentioned in the DV Act, by my wife are totally false.

3) What should I do to get rid off this case. Now I including my parents dont want my wife to come back to our home.

Any query on this regard, pls ask me.
Its urgent

Regards

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adv.bharat @ PUNE (Expert) 09 November 2016
!) RCR is your right.
@) Defeat the case on merit.
3) Try to get amicable settlement of this matter.

Will u appreciate my answer by giving THANKS on my LCI profile?

adv.bharat @ PUNE (Expert) 09 November 2016
Author need to explain the query raised by expert.

adv.bharat @ PUNE (Expert) 09 November 2016
Try to settle the matter amicably.

Swayamrudra (Querist) 09 November 2016
Sir
I need the detail explanation on this.

1) Me & my mother received the notice. Others were not present in the address. So what next action the court may take on this.

2) Another girl want to file a case against my wife for such false case. Under which act she can file the case & its procedure.

3) My wife is intentionally ruining my reputation in our relatives by such false allegation. So I think to teach her a lesson for this. Can I do something to stop her from doing this.

4

Swayamrudra (Querist) 09 November 2016
Whether the guardianship of my child will be decided in such DV Act and what procedure court may follow on this. I want to take the custody of both the children, so what should I do for this.

Devajyoti Barman (Expert) 10 November 2016
1. If the address is same the court would consider the service to be complete. Else it would send notice again.
2. Unless I know the dispute of 'another girl' with your wife I can not advise further.
3. Withdraw the RCR and file divorce suit.

You can not take actions only because she has filed cases against you. If your wife commits any crime then you can also file case against her.

Rajendra K Goyal (Expert) 10 November 2016
Engage some senior lawyer and defend you and your family on merits.

Agree with the advice from expert Devajyoti Barman.