If RCR fails what to do
Amit banerjee
(Querist) 16 May 2016
This query is : Resolved
my wife is staying with her mother during last 1.5 yrs. I asked for mutual divorce. But she denied. Now i have made RCR petition, as my lawyer advised me it will act as a shield if she files 498A. My wife is now ready to stay with me but not with my parents. She says tht her life is at risk at her in-laws house, becoz previously 1 yr back she made a suicide attempt here .But its not possible for me to leave my parents....my parents are also creating pressure on me to file divorce petition against her....i also want to get rid of her. Can i file divorce petition if RCR fails?what proof and evidence should i need to prove mental cruelty?
R.K Nanda
(Expert) 16 May 2016
file divorce petition in court if rcr failed.
Sudhir Kumar, Advocate
(Expert) 16 May 2016
RCR is no shield against 498a.
Rather it is a tried and tested tool to give provocation to wife (leaving her with no choice) to come and file 498a (against whole family) even if she does not want to do it.
Sudhir Kumar, Advocate
(Expert) 16 May 2016
when she wants s to live with you and not with your parents the RCR is self destructive.
you have no right to compel her to live with parents when she (rightly/wrongly) feel danger to her life.
Sudhir Kumar, Advocate
(Expert) 16 May 2016
you said
"my parents are also creating pressure on me to file divorce petition against her....i also want to get rid of her. "
what sort of pressure is this?
Sudhir Kumar, Advocate
(Expert) 16 May 2016
"what proof and evidence should i need to prove mental cruelty? "
YOU HAVE SO FAR NOT INDICATED ANY MENTAL CRUELTY ON YOU.
Sudhir Kumar, Advocate
(Expert) 16 May 2016
refer
http://www.lawyersclubindia.com/experts/rcr-petition-598501.asp
you are sure you do not want any peaceful solution rather on to find some way of coercion.
Law is there to save women from torture and not to ensure torture.
Amit banerjee
(Querist) 16 May 2016
My parents are creating pressure on me, saying that my wife must hav to stay with her in-laws as it is the rule of our society. In that case if i leave my house supporting my wife, my parents will not keep any relation with me. So i cant support my wife, bcoz i cant live without my parents. Giving her divorce would be easier for me. But she is not ready for mutual separation.
SAINATH DEVALLA
(Expert) 17 May 2016
Giving her divorce would be easier for me ( can U elaborate the ways and means). After UR reply I shall put in my suggestions and views.
Sudhir Kumar, Advocate
(Expert) 17 May 2016
But so far you have stated no ground for divorce. Why your parents are so keen to spoil your life.
Why you lack survival instinct
Rajendra K Goyal
(Expert) 17 May 2016
If she is ready to live with you separate from your parents, you should avail the opportunity.
Try to save marriage and hence life of both. You can start living nearby to look after your parents also.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 20 May 2016
