Mohsin (Proprietor) 22 July 2014

Rcr

I along with my family was residing in one part of my owned premises with our own arrangements. IMy bro has allowed me temporarily till I find suitable accomodation. Our stay prolonged as I could not find due to my financial incapibilites and my bro was working and staying outside Mumbai with his family.

When he returned from abroad and asked me to vacate, I got a rented room and ready to move out. But my wife was not. She started harassing and torturing all and on one pretext or other, would not allow me to come to home for many days. Later she planned and fought with me and made me leave home and she got occassion to file NCs that her husband has fought with her and abondoned her and later filed DV case after 14 years of our marriage. DV case is in interim stage. She mad my bro and his wife also as a Respondent.

I have given written submission that I am ready to maintain her and children and provide them habitable accomodation if she comes and stays with me in my rented house. She refused and said that her husband shuld come and stay in the very same house. When I came to stay in the same house, she did not allow me entry saying that she has risk for life from me and filed false NCs. She had made my life miserable and also of my bro family.

My bro has filed civil suit for evacuation against me and my wife which is in her initial stage.

Now I amd fed up and wants to get rid of my wife and wants to go for second marriage as I tried all effort to reconcilliate but failed. I am Muslim

My lawyer advised me to file RCR which can be converted to divorce and also maintenance to wife can be avoided if she refuses to live with me. But when I went thru this forum I found no good for RCR.

Please suggest what to do and oblige.

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13 Replies

Mohsin (Proprietor) 22 July 2014

Please correct the first sentence.

I along with my family was residing in one part of my brother's owned premises with our own arrangements.

gautam (not disclosed) 22 July 2014

Filing RCR means you want to stay with her, if you win RCR and she agrees to move in with you, then you will not be able to divorce her.

If you have made up your mind to file divorce, you can directly file for divorce instead of RCR

Mohsin (Proprietor) 22 July 2014

If she agrees to move out and stay with me, I am OK. But if she does not then why shuld I give maintenance to her. She is also earning and by misrepresenting the ppl and relatives that she has been deserted by her husband, she gets lot of money from ppl.

She turned back 3-4 times the assertion given in reconcilliation meetings with relatives, court mediations but next days she turned back.

Plz let me also how much time it would take for RCR in Bandra Mumbai.

If I RCR is in my favor in family court, can I immediately file Divorce as she can appeal in upper courts.

For second marriage, I do not need divorce as by muslim custom I can remarry. I am opting RCR only for not giving her any maitenance.

Adv k . mahesh (advocate) 22 July 2014

then you can go for RCR as per you query

this is the only option or else try to speed up your brother evacuation suit

Mohsin (Proprietor) 22 July 2014

What will happen in cases

1) RCR is in my favor, what will happen if the court allows or has allowed maintenance in Dv case. DV case interim is in final stage. Will the court stop the maintenace passed in DV case in case RCR is in my favor?

2) The maintenance is not allowed in DV as I am ready to maintain her and provide alternate shelter provided she moves out and stays with me at my rented place and she is adamant to stay only at my brother's owned property. Does applying for RCR, starts her maintenance till the judgement?

Please reply and oblige

gautam (not disclosed) 22 July 2014

Has she filed any cases against you till now?

Ismail (Proprietor) 23 July 2014

Our marriage is almost 14 years old. She filed Dv case in Aug 11. But no interim order yet.

Bcz when I approach her lawyers with my side of story and clear intention they try to persuade her. But then she thinks that either they have joined with me or they are not doing as per her wishes. She changed almost 6 lawyers, the first one who believd her false story was Lawyers Collective in Mumbai, And they quit when they got to know that her case is false. After every 2-3 dates she comes with a new lawyer and they with their new application contradicting with some previous facts. My lawyer is same and she is planning to file something called perjury.

Mohsin (Proprietor) 23 July 2014

Our marriage is almost 14 years old. She filed Dv case in Aug 11. But no interim order yet.

gautam (not disclosed) 23 July 2014

why are you posting with 2 different identities mohsin/Ismail

Ismail (Proprietor) 23 July 2014

My mistake. I am not that literate and using help of my friend. He also created one for him then got mingled.

This post is for Mohsin.

T. Kalaiselvan, Advocate (Advocate) 23 July 2014

You are posting the queries in different names and in different threads, actually by repeating your query donot ever think that you will get different opinion on the same nature of query. You take the advise of your lawyer who remained with your so far.