Rcr; separate accomodation demand by wife
Querist :
Anonymous
(Querist) 31 December 2011
This query is : Resolved
In the RCR petition filed by my wife, she has not demanded for a separate accommodation to join me but now in the first day of court hearing, she has demanded for a separate accommodation to join me.
Are such contradictory statements acceptable in court. Can I point out this issue in the court?
Devajyoti Barman
(Expert) 31 December 2011
Mere oral submission would not do. She will have to file written petition in the court after which you would get an opportunity to controvert the same.
ajay sethi
(Expert) 31 December 2011
yes wirtten application is a must
Querist :
Anonymous
(Querist) 31 December 2011
Respected Mr. Barman/Mr. Sethi,
As my wife has already filed a RCR petition against me but has only demanded in written in that petition that that She wants to join me.
But in our very first court hearing recently, She has demanded that she would join me only if I arrange for a separate accommodation.
So, can I point out to the judge that She has not mentioned this demand for separate accommodation in her petition and her statements are contradictory.
I need to still submit my WS for the same, so in the WS can I draft a reply for her separate accommodation demand.
Why did not the judge raised any objection, on her contradictory statements?
ajay sethi
(Expert) 31 December 2011
you cna in your reply take the plea that you have no objection That RCR petition be made absolute . you are willing to live with your wife . however the stand taken in oral submissions that you provide separate accomodation is not feasible .
no such plea has been raised in RCR petition .
during arguments parties make lot of submissions . ultimately while passing order the court will only award reliefs paryed for .
judge has to give patient hearing to parties .
Shonee Kapoor
(Expert) 31 December 2011
No such plea can even be raised in RCR, the counter is simple.
The lady is most welcome to come and stay with you, you have never objected to the same, however you are not capable of maintaining a seperate residence as of now. Also, that being reared in Indian customs, you also think her demand is illegal and can not be accepted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 01 January 2012
I agree with common opinions expressed.
Raj Kumar Makkad
(Expert) 01 January 2012
RCR is a double edged weapon. It can hurt for petitioner if the respondent accepts it. If you in your written statement accept the relief of RCR denying all charges (generally leveled by petitioner in such cases) then she would have no other option but to join you in the same conditions as are prevalent. You need not reply to the oral arguments or her contradictory statements. You treat as if you have not heard anything and you know only the petition filed against you.
Deepak Nair
(Expert) 02 January 2012
Agree with the experts.
