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sandeep (pvt service)     17 September 2014

Please help, wife has filed rcr on me, along with dom.voilen

Hello members,

i am new in this forum, i am very tensed, please help me, my wife, after going to her mothers place, has filed RCR on me, section 9, i dont want to live with her, so i have also filed for divorce, then she has filed a case of domestic voilence on me, she has stated that i am harrassing her. and she has asked for residence in my house in the domestic voilence case....please help me...i dont want to live with her.......what should i telll in the court.? my lawyer is not guiding me 



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 6 Replies

ROHIT SHARMA (Legal Advisor )     17 September 2014

Dear Mr. Sandeep,

1. This is a three pronged situation.

2. You would be requiring to attend three cases .

3. Just mention the true facts before the court if asked directly by the Judge/magistrate/police.

4. In matter of D.V. attend the mediation and state all the facts of her cruelty if that is the ground you have mentioned in your divorce petition.

5. In case of R.C.R.  state that she has filed D.V. and therefore you fear her co-habitation with you. 

6. Attend all the hearings personally even if your lawyer is not prsent or guiding you.

7. Do not in the first place feel tensed. Be tactful and maintain a peaceful poise whenever facing questions from court or police. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Happily Divorced (TL)     17 September 2014

You need grounds to divorce your wife. Law doesnt care on what you want.

1 Like

rebellion (fighting against bias law)     17 September 2014

Don't be tensed , don't surrender , be bold and fight ....any you will learn it in few month.

Read her petition 10 times every day...after few days ...every day you will be able to find out some points to cross OR points to defend ... collect them secure them and create a file from them.

Who owns house where you live ? 

Does she left  your house her own ? any proof ? 

Does she work ? any education ? Any past work experience?

What else she demanded in her petition along with RTR?

Any unique fact of your case ?

Come with data . I am not expert but with above fact ppl can answer u better. 

 

 

Tajobsindia (Senior Partner )     18 September 2014

@  Author,


1. I would advice you to first of all change your current Advocate and hire someone else on whom you have confidence as this next Advocate is one who can help you in your three legal proceedings (cases) that you are embarking upon. 

2. The next thing I would advice you is to daily make habit of reading and then making notes of last 20 discussions here in Family Law Forum and Criminal Law forum before you ask your next question in this family law forum or before next date of hearing whichever falls later. 


[Last reply]

Sudhir Kumar, Advocate (Advocate)     18 September 2014

simply your saying that you do not want to live with her is not going to work.  This is no Taliban rule.

 

You might be having some reasons for not being able to live with her.  You have to submit these reasons and leave to the court whether you are right.

 

Please given full facts how things went so bad only then some though can be given as to what course should be best for you.

1 Like

Venki (Fin)     19 September 2014

Once decided by any spouse for watever reason, no court can force the relation. Just have amicable settlement and move on.


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