S.SANGEETHA (sangashan@yahoo.com) 11 June 2011

RCR vs Divorce

wife left the home due to harrasment from inlwas and husband, and file complaint due to harrasement, but weaposed immediately as husband pleaded that he will seek seperate home from in-laws in the station. but instead seeking seperate home, he left and filed case under cruelty. wife filed RCR and IM as there is a son of 5 years old. for IM husband has not filed any counter. he is dragging the IM, attending all the days to court, counsselling was given, after which he used to call and meet his son and also wishes to take son to his home, wife also agreed and let the son to go, as wife needs rejoining. wife sends mail and also talks with husband to weapous the divorce case, but he refuses. says no interest in rejoining, but willing to take care son. not counter filed for IM also. Can we ask judge to increase the counselling? Also at this stage, can wife is promoted to send any mails to husband to convince him? or he will file the mails also as a torture?

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5 Replies

Arup (UNEMPLOYED) 11 June 2011

to increase the counselling

parties not cleared their stand.

emails may be send but avoid attack the other party.

Tajobsindia (Senior Partner ) 11 June 2011

@ Author

1. Seek more re-conciliation and go into core on his views on not shifting to a separate house nearby and balancing both you two’s marital life as well as his duties to his elders in family! Iron out all the it’s and bit’s neutrally during re-conciliation.
2. Involve neutral persons and family into re-conciliation without forcing once views on either spouse.
3. Also plead before Court to atleast grant IM since you are looking after the minor child during such court proceedings and or plead to give voluntarily some money as per his status till re-conciliation proceedings going on. Anyhow if such efforts fail then normally Court grants based on prime facie evidence IM from the date of application so one can always support a child atleast by voluntarily coming forward and for wife it is matter of trial (due to earning capacity and or facts adduced before the court)
4. Set a target date like 6 months and or 8 months more and when such re-conciliation efforts fail press for IM and last opportunity to file written statement from his side onto your RCR.
5. A un-willing spouse cannot be tied to four corners of bedroom. What happened between you two only three witnesses knows; You - Your Husband and GOD. Hence only you two need to decide either to end rest of life before one or the other Court(s) or seek quick intervention of Court to decide the case and carry forward with life.

(Guest)

Hello TajobsIndia,Author,

Could you please expand the term IM ?

Thank you.

(Guest)

I think its Interim Maintenance. Please correct me if i am wrong.

Tajobsindia (Senior Partner ) 11 June 2011

@ Never Give Up

Some terms I often use in LCI are explained as;

MCD = Mutual Consent Divorce
IM = Interim Maintenance
CAW = Crime Against Women
Spouse = Gender neutral term for wither a wife and or a husband
IA = Interlocutory Application / Interim Application
OP = Original Petition
OPR = Onus of Proof Respondent
OPD = Onus of Proof Defendant
Woman = Wife's
Metro Wife's = Able bodied Wife's
Husband = Hit by 498a / DV / S. 125 CrPC / S. 24 HMA / Have no custody of child