Whether to continue rcr?


My daughter-in-law deserted her husband (my son) for the second time and filed DV case against me and my son in one Court and filed Divorce case in another Court in Chennai in March, 2014 all with false allegations misusing the Women Protection Laws. We have good evidences to prove her allegations as false whereas she does not have even any single proof for any of her alleagations. The cases are going on.

 

Earlier in January, 2014, my son had filed RCR in Coimbatore Family court which was subsequnetly transfered to Chennai Court where her Divorce case is running under the transfer order issued by Madras High court. But the case bundle is yet to be sent to Chennai Court from Coimbatore Court and as such this case is pending.

 

In the year 2010, she deserted her husband for the first time and filed false 498A case in Madras High Court against my son, me and my wife. During the mediation, she admitted that she filed false 498A under the ill-advice of her parents, that my son  and his parents did not ask for any Dowry, that they looked after her very well and that she wanted to continue to live with her husband and also gave an written Affidavit admitting all these facts to the High Court. The Hon'ble High Court subsequently quashed the said 498A case filed by her.

 

Now my daughter-in-law has filed an Interim application in the Court, where her Divorce case is going on, for huge monthly maintenance for her and also for her 4 year old daughter living with her, huge yearly educational expenses for her daughter and huge amount for her legal expenses (for her both false DV and Divorce cases!).

 

Under these circumstances, will there be any advantage if we follow up with the Coimbatore Court to send the RCR case bundle to Chennai Court and continue to conduct it there? By doing so, will the Hon'ble Judge disallow her Interim Application for maintenence? Even without continueing RCR case will the Hon'ble Judge disallow her IA based on the merir of the case? Can we keep our RCR case pending as it is?  Will there be any benefit in continueing our RCR case at Chennai, since there is absolutely no chance for saving the marriage.

 

We are contesting her Divorce case to dismiss it prooving her allegations as false with lot of documentary evidences available with us for making them to agree for MCD. Kind advices from experts are very much appreciated.

 
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exec

My daughter-in-law deserted her husband (my son) for the second time and filed DV case against me and my son in one Court and filed Divorce case in another Court in Chennai in March, 2014 with false allegations misusing the Women Protection Laws.

 

In the year 2010, she deserted her husband for the first time and filed false 498A case in Madras High Court against my son, me and my wife

During the mediation, she admitted that she filed false 498A under the ill-advice of her parents, that my son  and his parents did not ask for any Dowry,

Now my daughter-in-law has filed an Interim application in the Court, where her Divorce case is going on, for huge monthly maintenance for her and also for her 4 year old daughter living with her, huge yearly educational expenses for her daughter and huge amount for her legal expenses (for her both false DV and Divorce cases!).

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after all your above points, using your own logic and sense, do you think it is right to file a RCR case?

does your son want to invite a wife back to the house who has made wild and reckless allegations on you and others, after that, she has shamelessly admitted that she filed 498a under advise of her parents, now after that she has filed a maintaience case for money.

it is a grave mistake to file RCR cases only to save on maintainence as advised by lawyers

just think of it, if she comes back on the RCR decree order back into your house and then makes allegations. left right and centre, then you and your family are in a big mess. you cannot escape...it is like sending an invitation card for trouble.

 
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