sanjeev001 (executive) 21 March 2012
Dear sir,
i have filed a divorce petition on grounds of mental cruelty, and expect my wife to file an RCR against me, the case will be fiercely contested, i wish to stay away at any given cost from my wife, and if i defy the RCR given by the court what will be the consequences, will i be taken into custody or what else could be the consequences.
dear members kindly suggest something as i wish to stay away at any cost,
thanks
sanjeev001 (executive) 23 March 2012
@ashish,
thank you for your kind reply regarding my query on defying RCR. i do not wish to continue with my wife, come what may, i am filing a divorce petition soon in the family court, i dont know what the outcome witll be, but it is surely to be contested strongly. i would like to ask you that if at all i lose the case, can the court force me to stay with her, since the case filed by self is defeated. kindly shed light on this query of mine, i would indeed be grateful to you
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 23 March 2012
Court can not force you to stay. Bur denying to stay together when RCR Decree is passed against you can lead to confistication of your property.
sanjeev001 (executive) 23 March 2012
@Mr shonee kapoor,
dear sir,
does consfication of property mean 'shared property', if i defy the RCR and stay away from my wife who has been given a rented accomodation by me.can my 'shared property be confiscated, i own a flat jointly owned by my brother and myself, this is the sole property i have, can my share be confiscated. if yes, can i sell my part of share to my brother right now to make him the 100 percent owner of the property.
this is the only property i own. dear sir, kindly shed some more light on this matter. thanking you and awaiting your kind reply
bhima balla (none) 24 March 2012
How can wife's RCR be entertained when husband's divorce case is pending? In the divorce case the wife is respondent and needs to contest. She can claim maintenance. If she has reasons/ urge to live with him she can do so by opposing the divorce. Shouldn't the two cases be reconciled? If she does file RCR, the husband should be able to bring to the court's notice of the pending divorce case filed earlier.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 24 March 2012
Bhima,
They are two diffirent cases. Both would be decided on its own respective merits.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 24 March 2012
Sanjeev,
Undivided interests can also be attached.
bhima balla (none) 25 March 2012
That maybe the case-I defer to you as I am no law expert. If so, it doesn't make any sense. Husband says he doesn't want to live with her and wife files a case she wants to live with him? Marriage works when both want to live together! Maybe, the laws are more intriguing than I thought! Can you please throw the light on the rationality of these two cases running parallely as opposed to being clubbed? What happens when one court grants divorce and other grants RCR?
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