I want Justice 06 October 2016

Advise reg. rcr

I got married in May 2015 in Jaipur, Rajasthan. Soon after marriage, troubles started between me and mother in law. Initially my husband supported me, but later he also started to be against me. They started calling my father and told him to take me with him for some days. My father brought me home in first Shravan month in July (as per Hindu ritual) and then sent me back in September. Then from September 2015 to December 2015, nothing went right.

My limitations are -

I can do house work at my parents home confidently, but I hesitate outside at somebody else's home. I lose confidence, esp. if someone interrupts me while I am working, I get nervous and instead of doing it right, either I make mistakes or I get frustrated.

In December 2015, my husband told my father that he has to get his sister home for her delivery and since the house is small, he said to my father to take me for 1-2 months. Then in February, he went to Assam for job, and he told my father that he has broken relations with his parents and he will bring me to Assam when he sets his new job. But in May 2016, he sent a letter to us saying that he doesn't want to continue the relationship.

The allegations made on me are -

I can't bathe myself

I can't wear clothes myself

I can't comb my hair

I am fool and I don't understand anything

My husband has broken all contacts with us, no Facebook, no WhatsApp, no phone, no SMS. His parents tell to do out of court settlement and he is ready for remarriage.

My questions are as below:-

1. Someone suggested me to file Restitution of Conjugal rights. My jewelry (that my parents gave to me) is still with my husband and his family. What should I do? If my father asks for jewelry, and if they refuse to give to us? If they say that first do settlement and then take jewelry, then what shall we do?

2. How can they prove the stupid allegations they have put on me?

3. I personally dont want to break the marriage, becuase my father took financial help from his friends/family. And my father doesn't want to go to court, because of the hefty expenses.

4. Is there a particular time limit until when I can file a case of either RCR or divorce in the court? I am at my parents' home since 17 December 2015, and my marriage was on 7 May 2015.

Please advise.

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8 Replies

sai narayana 06 October 2016

At this stage no need for divorce and both of you require a well wishers or mediation centre counselling so you just file a RCR and also you must keep the letter correspondence intact.

In RCR: Please don't make any unncessary allegations against your husband nor your mohter-in-law, and also on safer side, take care to put all those marriage expenses details while drafting that RCR by your lawyer.

And depending upon the progress of mediation/reconcilliation in court i mean your husband not budged to take you back, you can opt for maintenance under S24 HMA or a separate petition under Crpc 125

kanthraj 06 October 2016

First you give police complaint for dowry harassment then your husband come to your door step to take you to your matrimonial house.

kanthraj 06 October 2016

First you give police complaint for dowry harassment then your husband come to your door step to take you to your matrimonial house.

A walk alone (-) 06 October 2016

First try to reconcile with help of common relative. Try to engage a family meeting with help of common relative to sort out problem. If it fails then try MCD . As your husband dnt want to live with you no law or no court can force him to live with you. Dnt file any case 498a or DV. These are only wastage of time and money. Nothing you will get by filing case. If nothing left in relationship then better go MCD instead of wasting time and money in court.RCR is also wastage of time and money if you win or lose RCR doesn't matter. Your husband if want divorce can file after one year of RCR decree.

I want Justice 07 October 2016

Originally posted by : A walk alone
	First try to reconcile with help of common relative. Try to engage a family meeting with help of common relative to sort out problem. If it fails then try MCD . As your husband dnt want to live with you no law or no court can force him to live with you. Dnt file any case 498a or DV. These are only wastage of time and money. Nothing you will get by filing case. If nothing left in relationship then better go MCD instead of wasting time and money in court.RCR is also wastage of time and money if you win or lose RCR doesn't matter. Your husband if want divorce can file after one year of RCR decree.

1. What is MCD?

2. I know he can deny RCR, because with RCR there is only one year of time for cohabitation. I read somewhere that with RCR, he will have to prove the reason for abandonment, which he cannot. He cannot prove the allegations on me, because they are false. In that case, what will be his options? What will be my options? We did one family meeting and there was no result. My understanding of RCR process is - When I file the RCR petition, I will have to prove myself that the allegations on me are invalid. Then the other party will have to appear and try to prove their point. Then if I win and he still denys after one year, then he can file for divorce? Is my understanding correct? Please let me know. Also after one year, if he denys, then will he be subjected to pay Maintenance/Compensation? If he still denys after losing RCR, in that case also, will he be subjected to pay Maintenance/Compensation?

3. 498A or DV dont help in long term? Am I right?

4. In case we want our jewellery back, will they give it to us without out of court settlement or any type of settlement?

innocenthusband 07 October 2016

Your husband and inlaws have indulged in plain fraud. You need to file 406 against him for return of ornaments.

MCD : mutual consent divorce.

i feel you need not fle RCR. At the moment he wants to get rid of you without returning your ornaments. Once you file RCR, you lose credibility when you file for divorce later. It may be seen as the divorce suit was made out of spite. The RCR is an outdated and archaic tool.

As far as 498a goes, unless you have solid evidence of physical or mental assault, he will be acquitted.

file your 406 and consult an able lawyer. Mediations will not help with irresponsible families who sire irresponsible son.

A walk alone (-) 07 October 2016

1) MCD - mutual consent divorce. 2) RCR is not case for maintenance. From DV or cprc 125 you can get maintenance.3) DV or 498a are only wastage of time and money. Family matters can never solve in court. 90% cases settle out of court. So its better if family matters solve in four walls without wasting time and money .I once again suggesting you if nothing remains in relationship go MCD. You can go out of court settlement(ask your jewelry back) or . If you only want your jewelry back then file 406.

sai narayana 08 October 2016

I advised RCR, a chance to have mediation/counseling as out of court channels are failed. Maintenance claiming wife or RCR claiming wife, with whom the husband prefers for reunion, if in case. So I request experts to think a little bit deep before advising.