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aatma   31 August 2009

RCR Question

Dear Experts,

Husband is living in abroad and wife lives in india with 2 year old son along with false 498a, DP4, 506(2) - for husband tried to kill his son!  So far no police report has been filed in the court after 16 months of the FIR.

1. Can husband file RCR to ask wife to join his company to bring his non-indian son to abroad where the son holds his citizenship?

2. Is it possible for husband to file RCR through power of attorney? Without his physical present in the court?

3. Will the last place (husband's hometown) where husband and wife stayed together for just 2 days  have jurisdiction to file RCR?

Thanks.



Learning

 4 Replies

Vijay Shah (merchant)     22 September 2009

Sir

are you surprised that you have not been answered......? well you are the "cash cow" for   all the vultures here. To get free advise and win the confidence of lawyers here you have to be:

- indian culture woman

- iq 81

- parasite so that your black clad brothers of in fight can assist you.

- willing to cough out any kind of story and emotions,

then u woud have these free "charitable" advises ...."maam move to ncw" ..."maam file dv act ..." 

my 2 cents whereever it helped.

. Can husband file RCR to ask wife to join his company to bring his non-indian son to abroad where the son holds his citizenship?

if u think , that she is not keen on  using u as a door and  will NOT in fact use the RCR really then YES , DEFINITELY IT IS WORTH IT.

BASED ON THIS FACT :

"false 498a, DP4, 506(2) - for husband tried to kill his son! "

IT IS A STRONG CASE for divorce. If you have enough evidence , and strong case go for divorce straight away. Only risk in rcr is that b**h might end up coming to usa


2. Is it possible for husband to file RCR through power of attorney? Without his physical present in the court?

FILE it if she does not want to come. I think POA can work.But POA has to be close relation or friend not lawyers.

Will the last place (husband's hometown) where husband and wife stayed together for just 2 days  have jurisdiction to file RCR?

Yes

ALSO dont loose opporunity to file counter complaint using the 506(2) law against wife in ur hometown police station.



1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     23 September 2009

good vijay shah ji, well explain.

aatma   25 September 2009

Thank you Mr. Vijay Shah.

Vijay Shah (merchant)     25 September 2009

Also it depends on how you want to fight the case :

    * Direct  method :

You have enough evidence to take it face 2 face. To prove that the 498a was FALSe and she further harresed you with that  other 502 criminal complaint.

That depends on how your advocate is conveying the case to the judge.

The problem with this is , its very diff to prove cruelty has occured but if you fight off that 498a then  you way is clear because you have proved cruelty.


    * Indirect Method

You file the RCR and wait for her to make the move for divorce.Caveats of this are :

   1.   If she falls for the RCR ( be very careful esp if that means she joins you abroad  - thats a free ride for a beggar.
)
   2.  After she filed 498a and you file RCR the court will ask why you still want to live with her ? Then you must have a storyline very STRONG along the lines that you really loved the junk. Although she treated you liked a dog...you  like being whipped by her because , poor you , are so much in love. It should hold water in front of the judge and if start acting like that she might also play the love card & end up joining you .



First do a full pro vs con , analysis of both sides of reasoning. Discuss with you lawyer which one makes more sense and then be consitent with it.

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