Can rcr contain allegations also?
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
If the RCR contains silly allegations like the wife ignored the husband, not loved him, wife was not much interested in sex, etc. would it be taken as misuse of RCR? During mediation, if the mediator askes me why you force her to come back as you have such allegations agains her, how can I positively answer it.
Is it like that I should file for divorce if i have any allegation aginst her, and if I file for RCR I should not have any allegation her?
Whatif there are some allegations against her, and I want her to correct her behaviour and come back? Can't I make use of RCR in such a situation?
What is the difference between allegations and statements in a petition?
V R SHROFF
(Expert) 11 December 2011
Councillor/mediator report is confidential, and not taken into consideration for deciding your case. don't worry who tell what to mediators.
All statements are not allegations.
Allegations are statements against acts / behavior of opp party, that are immoral, illegal and tarnish image of opp party.
Guest
(Expert) 11 December 2011
The reasons for filing will give raise to a valid cause of action in order to invoke section 9 of HMA 1955. So how misunderstanding started and the reasons for the same circumstances of ran away from matrimonial home etc should be stated.
but keep in mind that of you file RCR instead of divorce the cruelty ground in RCR will be condoned and cannot be taken later at divorce.
you can put it in a way such that the reasons hiding behind it.
Querist :
Anonymous
(Querist) 11 December 2011
@shroff sir
If I mention in rcr that wife did not love me and she was not much interested in sex, can all those things be taken as only statements and not allegations?
Shonee Kapoor
(Expert) 11 December 2011
RCR is a futile case, yes there can be allegations but it has to be unconditional.
Also RCR means that the party has condoned these.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 11 December 2011
I do agree with the opinion of various experts on this matter.
Devajyoti Barman
(Expert) 11 December 2011
If you do not want divorve then pray for RCR.
V R SHROFF
(Expert) 12 December 2011
@shroff sir
If I mention in rcr that wife did not love me and she was not much interested in sex, can all those things be taken as only statements and not allegations?
Ans: you must not mention these in rcr.
U cannot correct wife/ husband by RCR
Only mediators, Councillor can help you.
Querist :
Anonymous
(Querist) 12 December 2011
Now, I understand that filing RCR means unconditionally forgiving all her cruel behavior/acts, and asking her to come back.
Later, she has amended her divorce petition with additional grounds of cruelty from my side with an excuse of her advocate forgot to include those in original petition.
If I don't withdraw RCR now, does it mean I also forgive those new allegations?
I just want to know, by filing RCR, I just condone her all cruel acts/allegations upto that time, or I legally bound to condone her new cruel acts/allegations which may arise during the pendency of RCR.
Guest
(Expert) 12 December 2011
Allegations and counter-allegations go side by side. Mutual understanding, faith and trust is quite essential for happy living. That needs be ensured.
