Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Nandha (NIL)     11 August 2012

Conditions in rcr?

Dear Ld. Lawyers,

 

My wife left me with my 1 yr old child 3 months back threatening to file false cases on me and my family. Our elders tried to bring her back but she is not coming instead she wants to torture us with false legal cases. Now, I wanted to file RCR. But i want to put a condition that she should come and live with me in a different place where my relatives are living nearby. That place is 10 kms away from my current residence which is her matrimonial home.

 

Can i put this condition in the RCR? Will this affect me in any way?? What steps should I take before applying RCR??

 

There are judgement where wife should follow husband like Sita whever he lives. Can this judgement help in my case.

 

Please advise.

 

Thanks\

Nanda



Learning

 13 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 August 2012

If the house where she lived with you, the matrimonial home is not your house and belongs to your parents they can disown you publicly and you can move in to a rented accomodation and then file RCR. If she has left you without reasonable cause - your RCR would suceed,  paving your way for greater protection from 498a/maintenance cases and ultimately divorce. 


(Guest)

Filing an RCR will be an open invitation to your wife to slap a flurry of false criminal cases against you. RCR is the most ineffective provision in Hindu law. Wife cannot be compelled to join the husband in the matrimonial house against her wishes. Watch out for the false cases which she might be contemplating to register against you. RCR would not give any protection from 498A.

2 Like

Rajan Bhasin (Law Student)     12 August 2012

 

RCR is futile case. In layman language "you cannot force anybody to live with you without his/her wish."

Please don’t start unnecessary litigation. RCR cannot save you from 498a etc

 

Regards

Rajan Bhasin

+91-9910571733

1 Like

Nandha (NIL)     12 August 2012

@Bharat, Ashish & Rajan - Thanks for your comments.

 

If RCR is futile, then can i file for divorce straightaway because talks through elders from our side has failed. We came to know through their relatives that she had decided not to live with me. But at the same time she does not want to give divorce on mutual consent. She told our relative that if I apply for divorce she will file false 498a case. Now all she wants is to take money from me every month and live her own life in her parents house.

 

What option is left for me??

 

If this is the case, can i just wait for 2 years and then apply for divorce on desertion ground?? Can i get divorce based on this?  EVen if 498a is slapped against me, will the 2 years desertion will help me to get divorce??

 

please advise me.

 

Thanks

 

Nanda

 

 

 

 


(Guest)

Nanda! Approach court as a last resort because it will drain out your health and wealth and finally what you will win(if at all) is ash. If you were not blessed with a child, my advise would have been different. But, you are a parent of the child and it is your bounden duty to think in terms of welfare of the child rather than thinking in terms of moulding your wife into a Sita(not possible with any of the girl you marry as the thought itself was totally outdated). You did not mention whether you ever tried to talk to your wife after she left you and found out what was her problem. If you haven't done, it is the high time to keep aside your ego (I am not blaming thta you have ego and she doesn't. My assumption is that you are lesser egoistic than she is... thats why advising you now). Sit with her and talk to her .... and do whatever she asks for to live together as husband and wife. Trust me it is not a coward act. In fact, it is really heroic effort to save your marriage for the sake of welfare of your child. It may take few years for you bring her to realistic level and meanwhile you will also be understanding the reality of life. Think of court only under inevitable. Now you may think that you exhausted your patiency with her. But, once you tread the court and throw yourself under legal jargon, you will certainly be feeling that you could have shown 10% of patiency that you will be showing in order to face the court, you would have not only avoided the nasty situation but also saved your marital life and peace of mind. Trust me. Go back and talk to her. Keep cool whatever tantrums she may throw. Think in terms of child. Patience wins. Winning court cases are nothing against winning a heart and thus 3 lives

rajiv_lodha (zz)     12 August 2012

Originally posted by : Nandha

@Bharat, Ashish & Rajan - Thanks for your comments.

 

If RCR is futile, then can i file for divorce straightaway because talks through elders from our side has failed. We came to know through their relatives that she had decided not to live with me. But at the same time she does not want to give divorce on mutual consent. She told our relative that if I apply for divorce she will file false 498a case. Now all she wants is to take money from me every month and live her own life in her parents house.

 

What option is left for me??

 

If this is the case, can i just wait for 2 years and then apply for divorce on desertion ground?? Can i get divorce based on this?  EVen if 498a is slapped against me, will the 2 years desertion will help me to get divorce??

 

please advise me.

 

Thanks

 

Nanda

 

 

 

 

Do not live in this hope that u will get divorce on this ground.

See the fine print in law, it says WILFUL DESRTION. If she states that there were enough grounds that she lived separately (like dowry demand, domestic violence etc), u wil see an endless fight in this contested divorce

Rajan Bhasin (Law Student)     13 August 2012

Wait and watch. Dont jump the decesions.

Nandha (NIL)     19 August 2012

@Murali, Rajiv, Rajan - Thank you all for your comments.

 

I would like to update on this issue.

 

As advised by Mr. Murali, I once again tried to talk to my wife and my in-laws on phone. They were  adamant and started threatening me. My wife puts a condition that she does not want to stay with my mom. She told me that I should leave my mom in some Ashram and then only she will come my home. SHe knows my mother suffers from arthritis and that there is no one to take care of my mom since I am the only son but still she insisted because she knew that I will not leave my mom.

 

Again the next day I called her up and said that my mom will not stay with us and she will go somewhere else. I also asked her when should I come to pick up her. She did not answer immediately. After two days I called her, but she started quarrelling and brought fresh issues. I asked her to come home first and told her that i would come to pick her up from her parents home. I informed her the date and time of my visit to her parents home. 

 

When I and my uncle went to pick her up, my wife, her parents, her brothers started threatening us and said they will not send my wife.

 

I openly asked her whether she is interested to live me or not. She said that she will not come and live in my house, instead I should come and live with her in her parents house.  I asked her to send the child with me as my mother wants to see him. But she refused. Moreover, they threatened that they will put my whole family behind jail in false cases.

 

I have the recordings of the whole event.  

 

Now, I request Ld. Lawyers to advise me what step i should take. 

 

Thanks

Nanda

 

 

Nandha (NIL)     20 August 2012

Can anyone advise me on the above?

thanks

Rajan Bhasin (Law Student)     21 August 2012

Relax now. They will soon file cases.

Nandha (NIL)     21 August 2012

@rajan,

 

They will neither file any case nor will send my wife to live with me.  Since my child is with them, they wanted me to suffer without seeing my child. 

 

Now my query is how long can I relax?? 

 

thanks

nanda

Vinu (executive)     22 August 2012

What Mr.Murali said is correct..Winning a heart is important as you have a child.

SURESH KALAGA (secretary)     24 January 2013

RCR is not futile. If you file properly, it will help you in getting divorce from spouce littlebit fast and easy.


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