Filing of rcr or divorce first

This query is : Resolved 

Querist : Anonymous (Querist)
29 November 2020

Sir i got married on feb 12 2020,we stayed for max 35 days until 15th june 2020,we had some little fights over silly issues raised by her,after june 15 2020,she has not returned to me until now,she has alleged severe false allegations on me and my parents,has alleged that i m impotent,even used abusive languages through her brother,has doubted me over other relations,we had verbal fights over these issues,now she has not communicated with me for 3 months now,she is even alleging that she will file false 498A and DV case against all my family members,she has also told me to stay in their house leaving my old aged parents behind

What should i do now,my lawyer says to go for RCR first as 1 year is not over and moreover we can be saved from large alimony amount,but i want divorce,
So what should i do now?we both are govt job holders and she is earning equal

Isaac GabrielOnline (Expert)
30 November 2020

Since both of you are in Govetnment service, slow pedalling is advisable ad it may hinder service.As your lawuer opines,.RVR is the immediste action.

Sudhir KumarOnline (Expert)
30 November 2020

RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.

This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.

Further allegations under 409a is a professional misconduct for govt and the deptt has option to initiate disciplinary proceedings without waiting for outcome of criminal case.

even if deptt does not opt so, still deemed suspension operate from 48 hours of custody.

Advocate Bhartesh goyalOnline (Expert)
30 November 2020

Your counsels advice Is perfectly right and has must follow his advice.Divorce petition is not maintainable before passing of one year of marriage.

P. Venu Online (Expert)
30 November 2020

Filing of RCR is the proper course of action. However, it could be counterproductive in prompting the wife to go for counter-cases.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
30 November 2020

When you had been threatened about 498A etc better go for filing RCR immediately mentioning about all the Threats by her and her family and also mention in the Petition about her compulsion to come to her home leaving behind your Parents who are Senior Citizens. By filing the RCR in more detail you would have strong defense when she files 498A etc. Discuss this with an Local Good Senior Expertised Advocate and Legally Proceed with RCR

N.J.S.Rajkumar alias narasimhaOnline (Expert)
30 November 2020

A Trap is Only A Trap If you dont know about it . When you know it, Just Challenge it...

Dr J C VashistaOnline (Expert)
04 December 2020

There is no serious problem, make sincere efforts for reconcilliation and reunion roping in elders / relatives.
Do not attempt for any legal recourse.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
04 December 2020

Dr J.C.Vashista Retired Army Personnel Could Explain How the Threat of filing complaint under 498A is Not An Serious Issue .

N.J.S.Rajkumar alias narasimhaOnline (Expert)
04 December 2020

Threatening Justice in the name of Law is Crime -- Shri Dr. P.S . Jagdeesh Kumar

Rajendra K Goyal Online (Expert)
04 December 2020

Try to save marriage, take help of relatives.

If not possible, follow the advice of your Advocate as one year has not passed after marriage which is required to file divorce.

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