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bharat babu (NA)     02 August 2013

Need urgent suggestion on rrc and divorce

Here few lines about my case: Marriage 2 year over..stayed together for less then 3 months at abroad.. she went backto India for holiday, but after that my inlaw washed her brain and after that she say that she want to do job at her home town and she will take care of her parents and she will return her study loan (which she acquire before marriage)..Although my FIL say before marriage that he will return my wife's loan amount, but after marrige my wife is telling that is my liability to return..All I have telephonic records, how they are changing their voice..and at last denied to join with me.. I tried to convince her, but nothing happened..she started searching job with out telling me, and starts going here and there with out informing me..Slowly I lost my faith upon her and my inlaws.. And fter one year separation I sent a postal letter to join with with me.. and then I flied RCR, 1 st and 2nd notice they retrned from their house... The copy to their court also not desptached to their house.. I think they return the court letter by giving some money.., So far they did not appeared..Now 3rd notice we sent already.. so if she will not appear by 3rd notice, then before getting any reply from their court can i appleal for experty? NB: after sending a letter and RCR my FIL sent me a letter that I totured her (physically and mentally) for which she is not joining with me.. So now waiting them to appear for this 3 rd notice.. But at the mean time as they started the torture things, so I don't want to take her any more.. So incase they will come for the third councellig and show to reunion, then can I say to councellor that although I filed RCR, but as after that my FIL is bringing false allegation (after 1 and half year of our separation) by sending letter to me, so right now I don't want to take her any more.. Or if they willnot appear and ncase I will get experty, then after that on the basis of their letter can I apply for divorce?or shall I wait for one year cooling period? So far no any 498, or DV gift.. May be soon, god knows.. please suggest me in this regards..


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 6 Replies

Prashant Agnihotri (Lawyer)     02 August 2013

R u belong to which religion or under which marriage act,your marriage was registered


(Guest)

RCR Exparte = 3 notice served but not appeared + publication in newspaper


Divorce = RCR decree + one year complete tenure without cohabitaion or reunion of your wife.


False 498a prooved  = 100% DIVORCE

False DV case prooved  = 100 % divorce


No Maintenance to wife = An adultery wife or A desertion done by wife or An earning wife


Thanks & regards


A sufferer....


adv.raghavan (Advocate,9444674980)     02 August 2013

even if you get in RCR case, expartie decree  they do have all the right to file set aside petition. how long you have been separated? is your wlling to go for divorce mutually, since u have filed RCR u cannot file divorce case, she has to take initiative. even if you get expartie order in RCR,as you said u have to wait for one year with the order to file DIVORCE petition.

 

Prashant Agnihotri (Lawyer)     02 August 2013

RCR it is petition US 9 of restitution of Conjugal rights in hindu marriage act if a spouse or partner does not obey his or her matrimonial duties then this petition can be filed well in your case if you have filed it before lodgeing of 498A then it will help you in getting anticipatory bail futher if petition is decided in your favour than wife's right to claim maintenance from also ceased as it the latest judgemnt delivered by the Hon' H.P High Coutr

and 498a is themost ferious weapon in the arsenal of wife your RCR will also help in trial it will not preclude you from arrest as the offence is cognizable and non bailable

bharat babu (NA)     09 August 2013

RCR Exparte = 3 notice served but not appeared + publication in newspaper

My concern: I already sent 3 notice..

1. Copy to their house: they returned it.. Copy to Court missing, no record in court, but we have regd post delivery confirmation from post..

2. Copy to their house: they returned it..Copy to Court: reached after the proposed date, due to strike at their court, and from internal sorce I came to know that they are not going to send to my FIL house, as date crossed already..

3. Copy to their house: they returned it..Copy to court is is not yet searved at my FILhouse..

So in such case if they will not appear and enev no any reply then can we try for experty or should publish in news paper, then only we will get experty?

 

Divorce = RCR decree + one year complete tenure without cohabitaion or reunion of your wife.

Ok say about I will get decree, but during any time she will tell for reunion.. So in such case can I avoid to take her? if so then how?

False 498a prooved  = 100% DIVORCE; False DV case prooved  = 100 % divorce ; No Maintenance to wife = An adultery wife or A desertion done by wife or An earning wife

Thank you for comments..


bharat babu (NA)     09 August 2013

Dear Raghavan Sir,

  Thank you for your reply..

even if you get in RCR case, expartie decree  they do have all the right to file set aside petition. how long you have been separated? is your wlling to go for divorce mutually, since u have filed RCR u cannot file divorce case, she has to take initiative. even if you get expartie order in RCR,as you said u have to wait for one year with the order to file DIVORCE petition.

Responce:
In case I will get decree,after that during one year period can she request for reunion? But as I already lost my faith, and don't want to take her any more.. .. So in such case can I avoid to take her?

One point with me that, after I filed RCR, my FIL sent a letter that, I tortured her (physically and mentally to my wife, dring our stay together), which is completely false..All this they are telling becasue they had some demand:

1. Return her study loan (which she acquired before marriage) Although that thing cleared before marriage that my FIL will return, but after marriage my wife changing voice. (I have telephone record)..

2. Seems to be, she love some body before mariage, and after mariage in my absence they was talking where her past boy friend demanded that " why my wife did not gave my contact" so that he might pay me some account inorder to get her (my wife).. in later stage, wth al these records, we had a quarrell with her past boy friend to not to arise such matter, and again I told to him that if he (my wife's boy friend want her).. then I am ready to give you.. but don't create problem in our happy married life.. All these things are also well known by my FIL and MIL.. (All these I have voice record) and surpsiing that after that also my inlaws not cooperate to me in such matter.. After that my day by day my wife changing her voice, and separated for 1 and half year already..

  She is telling that in my place no job,so she want to stay at India to do job.. AT my place her health s not good...etc etc..

so in such case what shall I do?

 

 

 

 


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