Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shashi Kiran (Self)     30 January 2011

After RCR Reaction

Dear Lawyer,

Wanted to get an advice on what after RCR.

My wife has left my matrimonial home several weeks back and refusing to return. She is not willing to live with my parents and wants to move separate. My attempts get her back is getting worse and I cannot afford to move separate at this stage for several reasons.

So I thought filing an RCR as the only option. But I'm not sure what will be the next steps and how my spouse can react.  If she returns for that I'm fine. But , can she react and file 498A or any other case against me ? Although it is false, I don't want to undergo the turmoil.

She is currently in my in-laws house, and my in-laws are supporting her actions. We have a 4 Yr old son, whom she is preventing me to meet these days. I'm not paying any maintenance for her /kid hoping the financial pressure may make her return back.

Please suggest what options I have.  If I file an RCR can it backfire in anyway ?  What all ways she can react for this ?

Thanks for your advices in advance.

Shashi Kiran



Learning

 11 Replies

Jamai Of Law (propra)     30 January 2011

Yes RCR can backfire

Shashi Kiran (Self)     30 January 2011

Please suggest how it can backfire ? What actions I have to take in that case and what are the other ways in which I can defend ?

Vijay Kumar (Advocate)     30 January 2011

Except filing RCR, you have no other option to prove your bonafide.

1 Like

Shashi Kiran (Self)     30 January 2011

thanks for the replay.

@Vijay Kumar :

If its the only option and If I go ahead, what all ways can my spouse respond ( if she doesn't return)

@Jamai mentioned that it can backfire, can someone explain how? what worse can happen, how I have to prepare.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     31 January 2011

You can file RCR  only after first action from opposite side. Do not move first or surely it will backfire.

1 Like

neel (self)     31 January 2011

Hi Kiran,

 

I'm telling you from my personal experience....don't do anything.

RCR also backfires. you have a kid 4 yrs. Already wife has ammased a lot of sympathy. Any legal initiative from your side would backfire on you.

 

 

You are saying one side that "If she returns for that I'm fine. " Then don't get into this. Why are you afraid of 498a law? don't let it escalate and allow it cool off. Use your brain and not legal means. I can't impagine to what extent it is already inflamed, but you have one option to subdue it and in all other remaining options your wiife has advantages and she is likely to win (after burning my finger I am advising you. life gets stinky and rotten by all this.)

 

 

Don't file anything (divorce as well as RCR). RCR has no meaning absolutely.

1 Like

kamaraju murali satya prasad (advocate)     31 January 2011

The first thing that may have to do is to to send a decent amount regularly every month to your wife for maintenance of your wife as well as your kid. it gets sympathy from any court whether dealing in 498A or maintenance, DVC, or any other matrimonial related cases that may be filed by her in future. with sympathy from the court you are always assured to get justice from the court.
1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 February 2011

The problem between mothers-in-law and daughters-in-law is universal and it is there in all cultures. In many cases the mother-in-law is at fault and in other cases the daughter-in-law. Occasionally there is problem with father-in-law too.  As a husband you are in between. You have a 4 year old son. It means that your wife has been living with you (and probably your parents were also there in the same house) for many years. Why does she want to live separately now? Or was the demand there even before? Was there any quarrel between your wife and your mother, or father? If so you dispassionately and objectively analyze the problem as who is at fault and whether it is irreconcilable. Remember that it is the universal right of a wife to live with husband and the rights of parents come next only. This is so even if your wife is at fault. What is the problem to take a separate house and live there with your wife and son? Is it economics? Or is it that your parents always need you by their side for some reasons such as health?

If the problems are not insurmountable I suggest that you move separately. If your problem is only temporary try to convince her and her parents.

It appears that you want your wife. If so avoid going to court. How can a court compel a husband and wife to live together and love each other?  Further, if any of your parents are at fault I have to say that her demand is just.

syed (Branch incharge)     26 May 2011

Respected,

Excpet ramani, i didnt find anyone has given any suggestion to this request though am not a expert cant give any suggestion according to law,

Everyone is saying RCR will backfire, dont apply for RCR, dodnt move to court etc but no one is giving any full information here why he should not do, how RCR will backfire, why he shouldnt apply for RCR, if not RCR what else he can do

 

He need your help yaar, please try to give full information about do's and donts


(Guest)

RCR can backfire as she can file the whole "standard" package of cases to justify her not coming back...this is what commonly happens!

NOw that you really want your wife back and you also have a kid, its best to not go for litigations of any kind. Try to talk to her and get her back peacefully; even if you need to stay away from your parents for this.

Even for the safety of your parents, it is better to stay away from them. Harsh but true, if you stay with them, they are expected to suffer much more in the hands of law.

Ofcourse, even if you file RCR and in the best case win it, the courts cannot compel her to live peacefully with you.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 May 2011

In the very beginning itself you have answered your own question. Going to court for any reason will infuriate the opposite party. When annoyed a person can do anything. Your wife or your in-laws can do you much harm. Justice may or may not be on their side. But law is on the side of a woman always. As I said earlier if there is no particular reason, stay separately from your parents, as she wants. .

Your parents are your past. You have to be grateful to them for whatever they did for you. But your wife is your present and your future. Whatever may be the reason if you could not get along with each other, it can do damage to both of you and your child as well.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query