Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Why not to file restitution of conjugal rights

Page no : 11

Gautam Kapoor (IT professional Studying Law)     05 June 2014

Mr.Shonee please refer to my earlier posts.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2014

Trust me, I have found it bereft of reasoning. 

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Gautam Kapoor (IT professional Studying Law)     06 June 2014

Sir, I liaise closely with 2 top criminal lawyers in a southern Indian state, just for free.2 years without a job all i did was 24 hrs on my samsung i10 ipad and following what they do/did ,mind you for one I even paid for getting his drafting style . I a student would not have vouched for its effectiveness had I not seen its inherent benefits particularly in some cases, RCR lodged at a right time,intentions (i agree may be right or wrong) cannot be discussed in a legal forum has its advantages.Moreover the IQ of the judges their mood swings are not the same across India,so I say let the lawyers drive the race.

LAST REPLY.

Gautam Kapoor (IT professional Studying Law)     06 June 2014

Had you started a new thread on 498 its misuse and how to fight it with the new govt in place  ... I think  we would have been more thankful.

INDEED LAST REPLY

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 June 2014

Yes, people who see benefit in RCR are very zealous in hiding the benefits. :-)

 

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 June 2014

W.R.T. the new government, efforts are afoot and people are meeting new MPs for various laws including 498a.

 

Would be good, if you also meet local MLA/ MP and voice your concerns.

 

We also have a new initiative "NOTA FOR MEN'S RIGHTS"/ Please join and support it.

 

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 

Gautam Kapoor (IT professional Studying Law)     08 June 2014

not zealous , you have used a wrong term Shonee ji

Regarding NOTA, yes,thanks. Im already following it.

DHARMVEER (Head Client Operation)     20 August 2014

sir,

 

you said right, my lawyer also said if I file secttion 9, no maintenance to girl, but I paid maintenance under 24, paid for transfer charges in high court. and then the new lawyer said witrhdraw and file divorce.

 

it is waste of a case, no benefit

Harassment Victim (Skilled Labour)     11 October 2014

Dear Sir,

 

First of all my heartly thanks to Shonee sir for initiating this very knowledgable and active thread and all other members who have kept this thread alive.

 

Sir, I have a query regarding the RCR and needed some valuable suggestions.

 

Before that I would like you to brief about the current situation.

 

Time of separation - 8 months

Marriage time - 1.4 years

 

My brother's wife went to her parents home some 8 months ago and is unwilling to return after all possible attempts.

 

Recently they have lodged a complaint in Mahila ayog with very false and serious allegations of husband being mad and entire family torturing her and trying to kill her for dowry cases. They are also demanding some heavy amount in their complaint as the compensation for the expenses in Marriage and dowry.

 

We are anticipating that they might also file 498 for the false dowry claims soon. In this anticipation we consulted a reputed lawyer and after going through all facts he suggested we should do RCR in family court.

 

After going through this entire thread and all replies I found RCR not to be too useful.

 

As we have been badly hurt by this allegations we are determined not to accept her and not bring back in any case and want divorce. But the problem is that it has been only 8 months since separation and 1.4 years since marriage so how can we file a divorce ?

 

 

So, what would be the alternative of RCR in this case as we cant file a divorce now.

 

Also, my father being in a govt. job and me being in a private software firm could you please let me know what are the other precautionary steps that we should take as of now to avoid any case of conviction/mishappening that may lead to any kind of job termination scene.

 

With Due Regards,

mady   27 July 2015

Hi Sir , 

 
I just went through your post of how useless RCR decree is . It truly gives me relief. Thank you for writing the clear points. 
 
My query :: 
 
My husband used to drink , & abuse me , also domestic violence was a problem. He is a lusty person & mental & physical torture was limitless. . Now I leave separate with my mom dad. there were so many issues but he has never asked for dowry.  I want  divorce and a good alimony , but he is not ready to give divorce. Instead of  this he is saying sorry for all his deed. I can't forgive him and I don't want to leave with him . Now his lawyer has file a decree of restitution of conjugal rights . I do not have any proof against my husband . Now will court force me to leave with him ? Can court do that without my will ? & what if I do not want to go with him on any condition. 
 
Please answer this as I am so afraid of this. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 July 2015

If you don't wish to leave with him then file divorce.

 

I also agree with Mr. Kapoor that RCR has no merit at all. It is a useless suit and benefits only lawyers pockets.

RAJA khullar (no)     24 August 2015

Mutual devose is best option if wife file 498a and husband file rcr if wife want devose

cakaoshlandrapandey   03 September 2015

Sir, I filed RCR since my wife is not living with me for last 2 years. During counselling she told she wants to come if I give her a written assurance that I would not tourcher her. I never did so... I am not going to give anything in writing since she can go down till any extent. What should I do.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 September 2015

Ask her to prove that she has been tortured previously.

Then ask for such content. cheeky


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register