Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VICTIM (A)     20 March 2016

Divorce or RCR9?? What should I do?

Hello,

 

My wife had filled FIR under 498A & 406.and maintenance case.

 

We had several rounds of mediation but she had refused to return and continue marriage. I am still willing to take her back. She is demanding a huge amount of money for separation which is beyond my capacity to pay.

 

I dont understand how to proceed ahead......Should I directly file a divorce case based on cruelty and desertion but not sure if I would be able to prove these as other cases filled by her are in preliminary stages.

 

Or should I file RCR9 as I know and I am sure she is not willing to come back....So If I get RCR9 in my favor than maybe I can get divocrce.

 

Actually I am ready for both options i.e. to continue marriage or separation.....but my wife dont want to continue marriage but only money and neither she is filling divorce....I guess she dont want to file divorce and waiting for me to do it so that she can aim for a higher alimony.

Please advise and help.

 



Learning

 2 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     20 March 2016

SIR,

WITH REFERENCE TO YOUR 498 A CASE KINDLY NOTE THAT.

1. YOU HAVE TO APPLY FOR ANTICIPATORY BAIL AT THE SESSIONS /hIGH COURT HAVING AREA JURISDICTION WHRE SAID 498 A  CASE IS FILED.

2. YOU MAY FILE RESTITUTION OF CONJUGAL RIGHTS APPLICATION IN COURT CALLING HER TO RESIDE WITH YOU , IF SHE REFUSES THEN EVEN HER MAINTAINENCE AMOUNT WILL BE ADVERSELY AFFECTED PLEASE NOTE. DO NOT ENTERTAIN ANY DEMAND FOR LUMPSUM AMOUNT, IT IS ADVISIBLE TO FILE SAID APPLICATION.

3. IF SHE IS NOT WILLING TO RETUREN  YOU MAY FILE FOR DIVORCE APPLICATION AS PER LAW APPLICABLE TO YOU AS PER RELIGION FOLLOWED BY HUSBAND AND WIFE.

GOOD LUCK.

N.B.SAWANT.,M.COM.LL.B.ADVOCATE HIGH COURT,

 

saravanan s (legal advisor)     20 March 2016

Also fight the 498a case on merits.if you could prove that she had filed false case over you that itself becomes a ground for getting divorce as filing false 498a amounts to cruelty

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register