Rcr petition with petty allegations
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
My wife has left her matrimonial house herself and had then filed an RCR petition against me, with only 2-3 petty allegations - My father not allowing to go outside after 9 PM, my father shouting at me, etc.
In my reply to that petition, I have denied all those allegations and have demanded to produce proof's/evedences for the same. I have also stated in my reply that I was and am always ready to take her back to my house.
In the counselling session, she verbally told the Counsellor that she doesn't want to stay with my joint family. She wants to stay with me alone. But the same demand she has not mentioned in her RCR petition.
She is ready to stay with me but not in my joint family. I am ready to stay with her but along with my joint family.
She has filed this petition after just 50 days of our marriage. We are just 4 people family and she is the fifth one.
I had also sent her two legal notices asking her to come back at her matrimonial house, but then too she has filed this petition.
I am worried and the counselling is now over and the case hearing is going to get start soon.
In the above circumstances, petty allegations and demand to stay separately, what can most probably be the court's judgement.
Shonee Kapoor
(Expert) 11 December 2011
Why are you worried.
Ask her to make her stand clear during evidence, whether she wants to stay with you in the joint family or not.
you are getting unduly harassed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 11 December 2011
Mr. Kapoor is right explained & why are you worried the court is very intellegent then her.
feel free to call
Devajyoti Barman
(Expert) 11 December 2011
It would depend upon you.
If you have no problem to stay with her separately then submit the same in the court as in that circumstances there is no point in controverting and making counter allegations against her in court whereby only the vaulable time in your lives would be wasted.
Querist :
Anonymous
(Querist) 11 December 2011
Anonymous again:
I am the only son of my old parents. My parents also have got certain health issues. I just cannot stay without my parents. I would strongly deny for a separate accommodation.
So in that case, what would happen further?
Please provide your valuable suggestion Mr. Barman.
Devajyoti Barman
(Expert) 11 December 2011
Yes you can after which it would be up to the court only to decide whether to grant RCR on not or under what condition.
Querist :
Anonymous
(Querist) 11 December 2011
Anonymous again:
Sorry but this is my last doubt as regards to this Query posted.
What about the Dismissal of RCR. Can the court dismiss her petition as she has got absolutely no evidences.
Devajyoti Barman
(Expert) 11 December 2011
Reply to this query is already covered by my last reply.
V R SHROFF
(Expert) 11 December 2011
IN your WS, you point out that you have no another separate Residential Accommodation.
She is at Liberty, and no one shouts her going out at night also.
Your parents also need your presence, where you are residing for over 20 year, and it is convenient to you.
In RCS, you can prove, we are cohabiting, and
we were never living separately, and that she can any time come and Join her matrimonial home, and she is welcome. We are enjoining our conjugal rights. No one refused conjugal rights to each other.
Under the circumstances, NO CAUSE OF ACTION AROUSED, AND THE PRESENT PETITION DESERVED TO BE DISMISSED.
Adv. Shroff
11-12-2011
Raj Kumar Makkad
(Expert) 11 December 2011
You should make a statement before the court and should admit the claim/relief of the petitioner to restitute conjugal rights means she filed to live with you and you are ready to live with her then there is no matter of dispute. On the very first date, you should make this statement which shall avoid you from many responsibilities like maintenance and so on.
prabhakar singh
(Expert) 12 December 2011
You should agree to keep her with you and should tell the court you have parent with health issues and to look after them is not only your moral duty but also a statutory obligation under The Maintenance and Welfare of Parents and Senior Citizens Act and the court shall give it due consideration as under section 9 which reads as"9. Order for maintenance: (1) If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and
to pay the same to such senior citizen as the Tribunal may, from time to time, direct.
(2) The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand rupees per month." an order may be passed.
Guest
(Expert) 12 December 2011
Agree with Shri Makkad and to supplement his advice, I would like to advise you that you must also state clearly that out of your moral responsibility, you are bound to take personal care of your parents for which she does not have any right to ask you to live separately from them. She must also adjust herself within the family atmosphere.
