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user (Desig)     08 April 2012

Husband is not attending rcr cases

Husband filed RCR and after two couselling sittings , he is not at all attedning and wife is attending.

What is the state of RCR?

He is not taking back wife.

What is the logic inside it?

Wife is willing to go with husband.

Please ur opinion.



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 April 2012

If he is contineously remained absent it will be dismissed for default.   

user (Desig)     09 April 2012

In such case if the rcr case is closed by default, husband is not taking me to matrimony home, and not attending

case... then What wife can do??

Please suggest

Adv. Chandrasekhar (Advocate)     09 April 2012

He wants divorce.  But he is advised to file RCR instead of divorce, because if he succeeds in RCR, he need not pay maintenance for wife.  He followed the advice.  Now, wife is willing to go to matrimonial home.  He is trapped in his own net.  that is why he is not appearing in RCR, so that the case can be dismissed in default for non-prosecution. 

If you want mediation, after dismissal of RCR case, just file section 125 cr.p.c. case and he will appear there and ask for mediation there.  you do not file rcr case, it will harm you in long term.

1 Like

(Guest)

DEAR

SUBMIT AN APPLICATION BEFORE JUDGE IN CASE FILE THAT YOU ARE READY TO GO WITH HUSBAND. .

YOUR HUSBAND HAS FILED THE CASE DUE TO FEAR OF  ANY CRIMINAL CASE BY YOUR SIDE.

HIS INTENSION PROOVE THAT HE IS NOT WIILING TO TAKING BACK TO YOU.

bECOUSE YOU ARE READY TO GO WITH YOUR HUSBAND IN THIS SITUATION COURT WILL NOT DISMISS THE CASE. HE WILL PASSED ORDER IN YOUR FAVOUR.BUT MOVE THE APPLICATION THAT YOU ARE EVER READY TO GO WITH HIM.

IF ANY CONDITION COURT DISMISSED THE SAID CASE IN NONPRESENT OF YOUR HUSBAND, THAN FILE RCR IN SAID COURT.

ALSO FILE A APPLICATION UNDER DOMESTIC VIOLENCE ACT THAT YOU DESIRE TO LIVE WITH YOUR HUSBAND BUT HUSBAND NOT DESIRE FOR THE SAME. COURT WILL PROVIDE YOU JUSTICE AS YOU DESIRE.

Shantanu Wavhal (Worker)     11 May 2012

first tell - 

why did u desert ur husband ? and now why do u want to reunite ? are u taking advantage of ur own wrong ?

Anjuru Chandra Sekhar (Advocate )     11 May 2012

File for maintenance and residence orders under DV Act enclosing his RCR petition. Also claim compensation under Sec.22 of DV act for filing RCR and deliberately avoiding the proceedings thus subjecting you to mental harrassment as regards uncertainty relating to conjugal life.

rajiv_lodha (zz)     11 May 2012

Meanwhile trace him & his real intentions via some elders?

R K........ (Analyst)     11 May 2012

The main question is that why did you leave him first and now why do you want to come back

Seems like you are trying to take advantage of situations

1 Like

R K........ (Analyst)     11 May 2012

Every husband will fear to live with a wife who can any time leave him and try to lodge false complaints

SURESH KALAGA (secretary)     16 May 2012

Dear Madam,

You please proceed as advised by Mr. Chandrasekhar sir i.e. " File for maintenance and residence orders under DV Act enclosing his RCR petition. Also claim compensation under Sec.22 of DV act for filing RCR and deliberately avoiding the proceedings thus subjecting you to mental harrassment as regards uncertainty relating to conjugal life".   

This is correct remedy for your husband's cunning ploy. 

If you need any adequate legal help : sureshmgpl@gmail.com

 


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