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reddyb   21 April 2015

Rcr after divorce filed ...please help?

Dear Sir/Madam,

I filed divorce case in Bangalore family court in Feb 2015...the case is running...after 2 months april 2015 my wife filed RCR in andhrapradesh in her hometown...Should i attend/respond for this??  Please suggest..is RCR applicable for me???..in the grounds of cruelty / adultery i filed case in family court and they demanded for 20 lakhs for mutual consent which i cant pay that much huge money.....please suggest on this? how to respond to RCR case filed by her ??



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 6 Replies

saravanan s (legal advisor)     22 April 2015

even if you attend the rcr proceedings and if the court decides grants rcr to your wife the court cant compel you to join her.on the other hand if you dont attend the proceeedings the court might grant exparte rcr in favour of your wife and again the court cant compel you.but its better to contest for if she gets rcr in her favour it would affect your divorce on the grounds of cruelty as she shows her interest in joining you by filing rcr.

Advocate Ravinder (Advocate/Attorney)     22 April 2015

If you can prove adultry, you will get divorce.  And her RCR petition will be dismissed. Alternatively try for compromise for a lesser amount say Rs. 5 lacs.  Otherwise contest the case.

reddyb   23 April 2015

Thank you for your Responses sir...She s having affair adultery before marriage with other person..After marriage still she is s continuing in Phone and when we go to hometown she used to meet him...Like that she was tortured me...and also for everyone she says i am impotent and...her mother n father thretened me to kill and sending rowdies to my home to threten (We given police complaint also)...so all these cruelty she is making against me  ...so in Unbearable consequences we filed divorce petition...and also she went to local police station given complaint saying i and my parents are harassing for dowry..then i showed all the details/ mails exchange between her boyfirnd  to police guys which fortunately police also dint book any  dowry/DV cases against me...Please suggest on this..how to proceed further about this case...after marriage i can't prove her adultery but i can prove still she is contact with him...

saravanan s (legal advisor)     23 April 2015

if they happened to stay somewhere outside together maybe in a hotel  where they could have committed adultery  and with the chats, emails or whatever proof you have already you have to prove that your wife is committing adultery.for that you can take help of a private detective and collect information

Advocate Ravinder (Advocate/Attorney)     23 April 2015

Collect all the evidences you can, photographs, video, audio, hotel bills, oral evidences of your common friends, phone call sheet, complete address of the paramour both residential and office address etc.

 

As advised by saravanan Detective is good idea. Go for reliable say sharp detectives.

T. Kalaiselvan, Advocate (Advocate)     30 April 2015

If she has filed RCR, it is an after thought, so you should attend and challenge the same based on the merits in your side.  Leaving the RCR to become exparte will affect your divorce case.


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