(Guest)

Rcr

Dear Sir/Maam,

I have a query, one of my friend left her matrimonial home just after a month of marriage, got married on 25rd Nov’15 due to her father in laws behavior, he abuse her and her family many times, he took interest in her privacy matter, sis in law threaten her, everything in her husband family is controlled by her father in law only.

Now her husband filed RCR in family court with all silly reasons, like she don’t participate in family function, never had food cooked by in-laws, never interact with in-laws, keep herself aloof in her room, disrespect in-laws etc and which is all fake and false, her husband send mail, message & whatsapp to come back, he did all this to have proof that he can use in future as they have previous experience of his sisters divorce. Her husband covers up the entire misdeed done by his father and his sister and made all false allegations against her. She is unable to understand if her husband wants her to go back then why he made all false allegations against her.

She is ready to go back to her matrimonial home provided her husband confirmed that what all happen will not repeat in future.

Also want to know in Family Court decision will be taken by Judges if she should go back to her matrimonial home or not or my friend will have to decide.

Can a husband filed Divorce after one year of marriage and if wife don’t want to give divorce, can a husband take divorce forcefully.

Thanks

Reply Follow

6 Replies

Khush 23 June 2016

husband or wife can not take divorce forcefully, if there is a problem between husband and wife, then this is always due to behaviour of both sides.

he has filed rcr means he want to stay with ur friend. so better they both need counseling.

also remember, if your friend thinks of filing crpc125, dv or other cases then file only if she want to break the marriage.

it is well established truth that if wife files multiple cases on husband, then marriage is prone to break.

so better try to save marriage, remember time is good healer

JustAdvisor (IT) 23 June 2016

father in law's character is suspect, sis in law threatens her, husband annoys on WhatsApp. is there one person in the family who is reasonably bearable? if not why not give divorce and get on with life?

(Guest)

Thank You Sir for your suggestion.

Advocate Lovkesh Gupta (Divorce Court marriage criminal civil lawyer in jalandhar) 24 June 2016

file domestic violence case and complaint under section 498 A ipc

Khush 24 June 2016

i will not sugget to file 498a, because 99 percent these cases backfire,

go for amicable settlement only.

if someone suggest you to file multiple cases, do not pay heeds to his/her advice.

go for amicable settlement with respectable persons as mediators

A walk alone (-) 25 June 2016

Your friend husband is very clever. One side he creates situation for her to leave matrimonial home other side he file rcr so that it appears in front of court and society that he doesn't do anything he wants to continue his marriage.by filling rcr husband may get divorce easily. Now your friend should act wisely. does your friend have any evidence of being tortured by husband and his family . If have then she can fight her husband false allegation. If husband won rcr he will get divorce easily. If she dnt have evidence and she dnt want to give divorce, she should first say in front of court she want to live with her husband. She should go there and now if they continue torture she should record all this and gather the evidence of her husband's cruelty . Ask your friend to make audio or video recording of being tortured in future if same thing happened again. Now if torture continues one day when she loose all her patience she can leave his company. Court decide cases on evidence simply saying matters not much. Ask your friend not to file any case without evidence. Try to gather evidence.