Rakesh Sharma (Jr. Consultant) 09 November 2013

Can rcr be filed against divorce on the basis of cruelty

I am 29 years old boy and recently filed divorce in Mumbai, on the basis of Mental Cruelty and Mental Disorder (Girl has got Obsessive Compulsive Disorder). Girl is with her parents at the moment and she received the court summons.

Girl’s parents are not ready to believe that she has got mental disorder, despite of many proofs of it. They seem to be progressing in taking some actions so that they can send the girl back to me.

· The house I am living in Mumbai, is on my name (rental agreement), in this situation if girl and her family, all of the sudden appear at my door one day, do I have a legal boundation to allow her to enter my house? Even though I have filed the petition on the basis of Mental Cruelty and Mental Disorder, and they have received the petition.

Is there any court action (RCR) they can go for? In that situation would I need to accept her back in my house?
If they file the RCR, then is it mandatory or legal obligation that I need to accept/ receive the RCR summons and sign.
Girl’s parents are in Bhilwara, Rajasthan and if they file the RCR in their district court and my petition is filed in Mumbai, which is progressing ahead, in that situation should I Ex Parte or I can request that to be transferred to Mumbai (just need some advise on what should be the best action, as I live and work in Mumbai and have filed the divorce case in Mumbai)

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 10 November 2013

If they have not filed the RCR till date, why do you worry about it so soon. In case of a RCR, contest the case with valid reasons in your side, you may even apply for transfer the same to Mumbai but for that you have to approach Supreme Court only, As of now she is your legally wedded wife and she has got all the rights to live in her matrimonial house, so you cannot send her out in case she happens to barge into your house.

Aazad Sufferer (Advocacy-Family and women oriented laws) 10 November 2013

Is there any court action (RCR) they can go for? In that situation would I need to accept her back in my house?

Opinion; Acceptance or non acceptance can't be forced by law.It's up to you whether you want to live with her or not. Simultaneously she is entitle to claim maintenance as well as RTR if she is not able bodied to maintain herself.

If they file the RCR, then is it mandatory or legal obligation that I need to accept/ receive the RCR summons and sign.

Opinion: If you doesn't turn , it will become ex-parte in favour of her.

Girl’s parents are in Bhilwara, Rajasthan and if they file the RCR in their district court and my petition is filed in Mumbai, which is progressing ahead, in that situation should I Ex Parte or I can request that to be transferred to Mumbai (just need some advise on what should be the best action, as I live and work in Mumbai and have filed the divorce case in Mumbai)

Opinion; Transfer of case from one state to another state can be done by the permission of SC.

If RCR turns to exparte then it shows that you are hell bent not to live with her. In that case whatever she had put the allegations it might be in favour of her and if she wish to take divorce then she can take after completion of one year of separation from such decree.

It's better to concentrate on your divorce and let her file RCR as the later case can't bind you to join her against your will.

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Dr J C Vashista (Advocate) 10 November 2013

Is there any court action (RCR) they can go for? In that situation would I need to accept her back in my house?

It is optional. In the given circumstances it is advised to contest. I agree with the opinion of both the experts;

. 2. If they file the RCR, then is it mandatory or legal obligation that I need to accept/ receive the RCR summons and sign?

Yes.

3. Girl’s parents are in Bhilwara, Rajasthan and if they file the RCR in their district court and my petition is filed in Mumbai, which is progressing ahead, in that situation should I Ex Parte or I can request that to be transferred to Mumbai (just need some advise on what should be the best action, as I live and work in Mumbai and have filed the divorce case in Mumbai)?

It is an option for the lady to get your case transferred to Bhilwara and not vis-a-vis i.e., You may file petition in Supreme Court for transfer of RCR case to Mumbai butcannot get it transferred, as the law favours female.

The wife has not yet filed RCR case and it is still your apprehension that she may file the same in Bhilwara, why are you getting perturbed/tense? However once case is decided whether contested or exparte it is difficult to get it set aside, better to engage local lawyer and contest there itself.

Kanchan Madan (NA) 13 November 2013

Since I am the sufferer -We had filed the case in 2011 .My DIL tried to enter the house forcibly - We called the police and showed them that

we have already filed the case. We would abide by the decision taken by the court. They tried to enter our house at night Aug 2011 around 1100 Hrs at nighr when everybody in the neighbours is fast sleep. The poiice came and both the parties went to police station gave statements and they were sent back.