498-must-scrap (Manager) 02 May 2013

Refusing rcr notice sent by wife

Hello Experts,

I got registered married before 3.3 years under special marriage act with my GF. we did registered marriage under special marriage act, Marriage ceremony never happen, she never come in my home to start matrimonal life. I contacted her lots of time to come but she never intrested in this time as well as my Parents contacted her to come with your parent we will solve the issue if ur intrested but she never replied. Now After 3 years of staying separately She has sent a lawyer's notice, I dont know what was in Notice because I am out of station & my mother got that notice & she refused to accept might be she is saying that I should take her back or else she will file for RCR and maintenance. All these many years she was least bothered of me and all of a sudden she wants me back...

I'm not interested in living with her and want a divorce, but she was not willing. I've lost my job and looking Job in Pune, I dont have no money to pay her any compensation if she demands.

Now What will happen because I told to my mother for not accepted her Lawyer Notice Im dam sure she files for RCR and I refuse to take her back? What will the court decide according to law. Please enlighten me.

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9 Replies

(Guest)

You did not even recieve the notice or whatever it is. Now its as good as searching a black cat in a dark room, which does not even have a bell tied to its neck.

Tell your mom to recieve it whatever it is.

For me it looks like she has sent a notice to you via lawyer. It might be as well asking to cohabit failing which she will go to court for divorce.

Pavitra Prabhakar (MBA) 02 May 2013

my RCR is in process , iwant to withdraw it and file divorce , suggest some wys plz.

(Guest)

Originally posted by : THE VICTIM
	my RCR is in process , iwant to withdraw it and file divorce , suggest some wys plz.

You are not clear in your query. On the one hand you are fearing that wife will file RCR. Now you are telling you have filed RCR and it is in process and that you want to withdraw it and file divorce.

Look it goes this way.

You go for RCR. there will be mediation, say 2-3 times. After all attempts of reunification fails. Report will be sent to jude that mediation failed.

Now what does RCR mean to you and to your wife.

RCR for you is, you are calling your wife back to cohabit with you.

RCR for your wife means nothing if she does not want to cohabit, same reasons will be given in writing in reply for RCR anda also during mediation.

Such refusal means RCR has gone in your favor and that it has failed, then you can based on failure on part of your wife to cohabit with you can file for divorce application on basis of desertion.

The way you state, you cannot file RCR today and withdraw it tomrw and go for filing divorce petition.

Adv k . mahesh (advocate) 02 May 2013

every thing is done and now she want to join but why and how is the question you dont know what exactly the notice is but we are expecting everything about.....

so as usaual you talk to her and tell find out when is coming back and if you want to ask about notice do not say that you have refused it just know the things from her talk and then decide

498-must-scrap (Manager) 02 May 2013

Thanks for your reply,

Actuly,

She is from Chandrapur, I thought if I will accepted that I have to go Chandrapur for each court date I dont want that. Is it possible ?

she should come to Nagpur Court not in Chandrapur. Register marriage was done in Nagpur.

Can I immediately file annulment petition or divorce for desertion without sending Notice to her. I didn't take yet any legal step aginst her. or I should contact to Postmen for accept that Notice.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 May 2013

Dear Vinay

refusal of notice is not good for you, how can you say that this is a Notice of RCR, may be she filed any maintenance case and after refusal the court pass an order in your absence becuase refusal of accept notice is also presume served.

so don't refuse any notice or summon in future any notice/summon

annulment can not be applicable in this regard, you can file a divorce petition if two years of desertion has been completed.

498-must-scrap (Manager) 02 May 2013

Hi Nadeem Sir,

Thanks for your reply, Can I immediately file Divorce petition without sending Notice in Nagpur, actuly I dont want to go to Chandrapur, I am afraid because her family member can physically beat me if I will go there.

NGOKC (pm) 02 May 2013

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Will you take 30 seconds to sign it right now? Here's the link:

https://www.change.org/petitions/government-of-india-and-all-members-of-lok-sabha-and-rajya-sabha-save-indian-marriages-stop-the-law-on-marriage-amendment-bill?utm_source=guides&utm_medium=email&utm_campaign=petition_created

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Our politicians are creating a one sided law that will reduce indian marriages to prostitution and one sided blackmail.
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