karthik (divorce applicant) 04 September 2013

Advise needed to file rcr by withdrawing divorce petition

Help needed in my case..

Married in 2010 june, later found that wife having premarital affairs and she is contuning the same after marriage

as well, i did mistake by not collecting the evidence but i opened myself with my wife about her behavour and consutled a lawyer, but as we have not completed atleast one year of marriage he told we cant file for a divorce, later in jan-2011 she filed a private complaint in court and court ordered t to FIR 498a on me and my family members in bangalore but all my family members are residing in andhra pradesh.. and she left my house in banglore with taking all her belongings..

later i got ACB, now the case is in bangalore court

we tried to settle the case in local panchayat but they are not ready to give divorce they openly told like i dont give divorce or live with you but they want to harrass me and my all my family members to come and attend the 498a case in bangalore .

i tried to convince the same to my lawyers to file for RCR but they told like divorce is good as they get some commission if they settle the case even i told them there are chances this case will be transferred to bangalore same was happening now..

in jun-2012 i filed for divorce petition in my native she counterfiled saying i'm ready to reconcile and she want to lead a happy life with me, and once she attended the court and in jan-13 she approached Supreme court to transfer the divorce petition to bangalore, i'm not contesting this case in supreme court most probably the case will get transfer to bangalore soon..

as they dont want to give divorce they will drag this case as much as they can or chances of even going to high court in case if i get divorce by showing the court with their false statements in counter petition like they are ready to re-concile etc..

so my question is anyhow they wont give divorce that easily they will drag the case and also they are not ready to join again so, i want to withdraw the divorce petition as soon as it get transfer to bangalore and file a RCR in my native

could anyhow advise am i doing the right thing now, they are harrassing my family with their fake 498a in bangalore i too want to harrass them this way after RCR i will file divorce again in my native, as they can't approach supreme court for each petition.

in her counter petition she clearly mentioned like she is ready to join and lead a peacfull life with me but in real it is not like that..

please let me know your valuable inputs on this i have some time to think as my wife transfer petition is still in supreme court right now and also please let me know advantage of filing RCR in my case

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2 Replies

Tajobsindia (Senior Partner ) 04 September 2013

@ Author,

1. Not right strategy.

2. If she in her reply states she wants to live with you then request Court to record her Statement and take her to matrimonial home hand in hand as your divorce case will get dismissed as compromised.

3. OR if you have as you say certain evidences against your wife then why worried on her harassment? Stick to your grounds taken in divorce wherever it is transferred.

4. Filing divorce then getting it withdrawn and filing RCR gives wrong impression even if both are transferred and may lead to establishing cruelty as it is not clear before Court what you are actually alleging against your wife!

karthik (divorce applicant) 04 September 2013

Okay thanks for your advise, in general what are the changes of getting divorce when she filed a false 498a complaint on her husband and his family, why i'm asking is to get judgement in 498a is a long running process so do i wait till that time to prove my innocence.