Merits and demerits of exparty rcr

u can file divorce after getting rcr degree, it helps in reducing maintenance also

if you in the rcr exparte and if she doesnt join you within a year then on that basis you can claim divorce from her.

Thanks Saravanan and Ramesh for your comments.

Well, In my case I filed for RCR after 1.2 years of seperation(Also divorce petition is pending in front of Civil Judge which I filed right after RCR) and I am on the verge of winning RCR exparty.Also I possess proof that she knows about the RCR petition pending in front of court and She left me because of the pressure of my in laws. I have voice recordings and SMS and Whatsapp messages where she have admitted it.

Kindly comment on the possibility of getting divorce decree in such case if I receive a notice from my wife after 2 hearings of RCR making false allegations under IPC 498a,540,506 r/w 34

Will my divorce proceedings delay if I get some cases(498,PWDVA/maintenance) on me after winning RCR decree exparty.

Hope my doubts are clear..

If you have been under legal duress with 498A then winning RCR or even applying RCR is counter productive. Mr Shoneekapur has made some valid points regarding this.

Her lawyer is smart. And they are playing. Once you win RCR you may see them coming hard at you on divorce case.

You may have been legaly doomed or atleast you will spend considerable time in clearing legal hurdles.

You may have to state all facts for further inputs

Here are the Facts of the case and Steps :

1. Her parents are adamant and arrogant. They interefe in our lives to GREATER extent.They came one day to my area police station and gave false complaints and Police called me (We were at home with my wife in relaxed environment). Her parents did this to scare me and take a grudge of the quarrel that had taken place few days back.Police scolded them and asked the girl if she have anything to say. my wife gave a written statement that "I dont have any complaint against my in-laws and I want to go home for 10 days and I will come back later after peace of mind"

NOTE:

a. She was 4 months pregnant that time.

b.She did this because she knows I will not spare her parents now And I can also file cross complaint against them.

2.As she did not come after 10 days, I filed a complaint to police that she is not coming and police advised me to approach court.I sent a legal notice to her for coming bac. She came back and after few days her father came and took her for delivery as per hindu traditions.
3. She is not coming now after 1.2 years of seperation.I filed RCR and Divroce petition both one after another.(coz I was expecting a betrayal 100% I filed RCR as a protective measure). I also secure notice bail before filing rcr.
4.I got a reply to rcr as a legal notice that falsely alleging of serious offences under 498a/504/506/ r/w 34 and PWDVA/125 crpc and section 9. It was also mentioned in notice that they have approached CAW Cell.
5.One CAW Cell mediation is over.I submitted all the papers of court proceedings to CAW Cell. She said in first mediation that she have not received any summons. So I handed over the xerox of the court parers to police officer at CAW cell and took Acknowledgement stamp on application that I had written in which I have mentioned of the case proceedings myself.
6.Though its official now that she knows about RCR, She did not appear for another date after first caw mediation and we are supposed to attend second caw mediation.
7. This time CAW knows that She have not attended RCR (I doubt their integirty and also as name implies its for "Woman") I wonder will they reject their plea of false allegations and ask them to appproach civil court to sort out the matter...

 

Dear "Whatsnot",

Please comment on the above facts.

Assumed that only allegation has been made but no case has been filed under 498a and others.

 

Sometime in life no point in throwing stone into muck. Disdain is best medicine for Ego.

At the outset if only RCR and Divorce is running (both filed by you), take the RCR, sit out period of an year and continue the divorce case. Easy break up.

Meantime see if something can be done for child future. Hopefully it need not suffer.Providing maintainance and love would be only gift.

 

 

1. Yes only allegations have been made and no case is filed so far. 2. I am ready to sacrifice my lifes happiness for child betterment. Although this humiliation can not be compensated still I can carry for child but she dont agree to my condition that I canthave any relations with in kaws anymore. Well I want to be honest with my self 3. I dont want to take any revenge, I want result. Either she should come or she should not..Hope my steps are correct as per my requirement. 4.I am also paying for childs LIC policy and Medical insurance every month on my own. Nobody from opposite side knows about it. 5. I dont undertand the meaning of this sentence "take rcr and sit out for period of one year " Does this mean that after getting exparty rcr,I can get divorce after 1 year. BUT what about the seperation of 1.2 years thats already gone. They have admitted in their notice that we both are living seperate for more than a year now.

RCR is the biggest mistake a person can do.

I don't understand for what purpose you filed RCR. This RCR will backfire you if she came back to your house what will you do then. How will  you make her out if she start living in your house with 498a or dv case pending

It is the clever ladies who file case of RCR not mens

If do win RCR and she comes back please do take her with full heart. Move to another town if possible. Even if you stay in same city, let nother relationship with her parents matter to you. This is similar if she put up a request of you not meeting your own parents. You can't play both sides.

RCR win allows you to file divorce only if the respondent (your wife) refuses to implement the decree. Then you can file divorce after a year.

If you win her trust, she may leave her parents for betterment of child.

At the outset, it seems you may have jumped gun and used all your legal option bought them to knees as they mayn't know repurcussion of their own act. Being better man and start new life with kid and wife once RCR is own is best.

Never let an opporunity of living together go waste. Even if it invovles a future threat as mentioned by Mr. Siddarth. You have to give relationship a chance. Who know what happens next?

You married for a companionship not a legal paper.

 

SHE WONT COME. I KNEW IT HENCE I FILED RCR. EVERY CASE IS UNIQUE, I HAVE CHOSEN TO FIGHT...For what i believe in..PURPOSE OF RCR IS ALSO TO NOT HAVE ANY REGRETS IN LIFE