jay pathak (officer) 14 October 2014

Divorce and rcr

Sir

My wife has left me after filing false NC in police station and after 2years i have filed for divorce under section 13. No dowry demands mental cruelty physical cruelty mentioned in NC filed by wife.

Wife has filed RCR after recieving divorce summons. RCR mentions dowry demands,physical mental cruelty in 12 pages of petition.After that in 1 paragraph she mentions she wants to come back. Both these things are contradictory in the petition. No proof of the wrong allegations by wife. What will the court do.

Regards

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4 Replies

(Guest)

File divorce petition based on mental cruelty and mainly desertion.

Get copy of NCR and file it along with divorce petition.

Your wife is not just a wife, she comes from the satisavitri age, she is a satisavitri if I am not wrong. Making accusations to the tune of pages and still wants to rejoin back with you via RCR? The woman does not have moral ground to ask you to accept her back. Either her allegations of dowry harrasment should be true or her wish of joining back. Both are contradictory. You have to fight the case based on merits. Reply aptly point by point via seasoned family court lawyer and deny such baseless allegations. Rest her deserting you is on record at the NCR in police station. Deny taking her back as she has filed a police complaint against you which is pure mental cruelty meted out to you. Court will eventually look into the evidences that you have provided to court vis-a-vis NCR copy and decide on the case accordingly.

My Advice would be that, you go for MCD. It will be over in 6 months time. Go for one time settlement [lumpsum money] and get rid of headache.

jay pathak (officer) 15 October 2014

sir

thanks for the reply.she is not ready for MCD. She is working and earning good amount of money and does not want to come back. My question is whether RCR can be granted in this case.

1 I have called her no of times via email, gone to her village to discuss but she did not turn up. she has answered emails but no clear mention of returning back to her matrimonial home.

2. she has not come back to her matrimonial home once.

regards

fighting back (exec) 15 October 2014

why are you worrying about her RCR..? the allegations in that are signs of things to come like 125 and DV

nara (emp) 15 October 2014

we married on June 21 2014

I am writing to you people for the help as my wife left my home on Sep 3 2014 without any substantial reason. . when called she switched off her phone. my self and another common acquittance went to her home on 9th Oct. she started saying

1. I have high BP and health issue and married without telling.

2. my mother harassed her mother during marriage

3. she wants mutual divorce and permanent alimoney

4. she said she will file case

But the fact is I told her every detail of my past. When I rejected her match it was her who use to send me numerable SMS's and calls asking to meet at least once so that she will explain so on so....after a lot of her effort I accepted to meet as I went to Pune for office work. After I returned to Hyderabad we meet and later I clearly explained about my health issue.

She is mentally unstable I found this when she left my home and stayed in a hostel one night. The next day I took her to her home and her father said you should at any cost be with ur husband only for that she shouted like anything and fell on ground shouting bad about her father. Also on our marriage day she fought whole day for the sake of a bolt for her bedroom which her father did not get it fixed. she even did not care the 10's of relatives at home. Even when at my home she always use to sleep till 10 am and never use to perform her matrimonial duties properly. she never use to be on her word. the major reason was that she did not want to stay in a home where my mother is. to that I also agreed to take another home. Even then she is not ready now.her neighbour said she is not at all a marriage material and asked who suggested to get married.? she is telling clearly that she will never stay in a marriage relation

what should be my next step now?

can I get an urgent annulment based on her mental instability ?

they did not take any step as off now. her father is a very crooked fellow and always acts as chameleon. As per him he does not want divorce as her first daughter also got married in may this after 7 years of first marriage. But I always doubt his intentions as they have an IAS and IPS and an income tax commissioner in their close relation and friendship.