Rcr

if wife is not itnerested to stay with you the what is the use of filing rcr because if court orders her to stay with you but whole heartedly she is not interested to stay with you then the order is only a certificate 

My Wife's lawyer is asking for a huge settlement. We are okay for reasonable settlement. Now the point is I dont have the proof to initiate the Divorce proceedings, I dont have an option other than RCR. Mahesh do you recommend any other options for me?

As per the HMA, After passing 1 year from the date of RCR decree you are entitiled to file divorce. It is very fruitful to you.

Hi Manoj I wanted to know what is the average time based on all the factor when I could expect the RCR decree

1. Best Case scenario- Ex Parte

2. Worst case Scenario- Contested one

what is the time line do I have to wait for 1 year or 2 years to get the decree and then + 1 year colling period?

@ Sandevar,

 

Yes it is futile when all these 2 years wife gets disappeared from this world and appears after 3 months of husbands divorce decree.

 

let me clear,

 

RCR = expartee decree in husbands favour(avarage 1 years,if wife gets lost and doesn't appear even on the last day before expartee like ghost as i have read in many cases)

 

Divorce through RCR = Complte one years waiting period with her complete not turned till completion of 1 year.

 

But But But,

 

All wives are not fool as they are not here on LCI or on other internet sites to get just time pass,they are always enhancing their knowledge of women freindly laws and what can be achieved with more flying colours...

So,they know about RCR and expartee,even their lawyers are not fool as they will tell them to appear on last day before decision like a ghost OR jeeni...

 

So,here all attempts are wasted if your wife is having Brain with beauty  and hell bent to give you pain like a JOR KA JHATKA DHEERE SE LAGE.

 

regards,

A sufferer..

Originally posted by : sandevar
	Hello Experts:   I have filed an RCR in court calling my wife back to cohabit but she deserted me 1 year back. Now I know RCR is futile, but in some cases it works wonder as lovely wife would say that she is not interested to cohabit that makes a ground for Divorce. If she comes in the open and says I dont want to come back, then fine. You go ahead and file divorce, need not pay her money also as she herself is jnot interested in coming back to you, ultimately one day divorce will be granted [anywhere between 4-5 years]. If she keeps mum, does not come to court, does not attend mediation sessions, then the RCR case will keep on dragging like anything say 1-1-/12 years.. I know few experts like Shonee would disagree my statements, but my questions is if you don't have the proof of wife's cruelty how do you prove it? Desertion itself is cruelty.  Not cohabiting with you itself amounts to cruelty. What are the steps once the petition of RCR is filed? Steps??? Notice, then summons to your lovely.  She wont accept, then tom tom, via autorick with mike set, finally ameen will stick the said summons to her door. If she accepts, she has to come to court and give reply to RCR.  She may deny all you said or she  may accept what all you said in RCR.   Next mediation.  There too dates, say 1, 2, 3, 4.  Here usually hide n seek will happen.  She may turn up, she may not turn up, minimum 4 chances are given for mediator to join you together, that too if you both are present.  If she is not coming to mediation, then nothing can be done.  No summons, nothing. What is the average duration to get the decree in my favour. RCR decree?  1-1-1/2 years I heard 6 months to 18 months or is it more based on your experience?   Minimum that much time, nothing faster than that.   Regards

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Originally posted by : sandevar
	My Wife's lawyer is asking for a huge settlement.   Of course they will.  Minimum investment, maximum profit, that's the best business, marriage.   We are okay for reasonable settlement.   But they are not ok, what to do?  I suggest do some math work!   Now the point is I dont have the proof to initiate the Divorce proceedings,   You had told you have proofs of your wife roaming around with someone etc, you got information through your friends,  use that as the base, adultery. I dont have an option other than RCR.  Right now you dont have any other option than RCR, than the one I suggested above, adultery, [that too if you have solid proof] In future you might get options for filing divorce directly, such as, if your wife files some foolish false cases like DV, 498a, then you can file divorce petition based on mental cruelty meted upon you via these false cases.

Now if she counters me with false case like DV and 498 A can I base the audultery to file divorce by letting now the hon judge even despite calling her back she has lodged false cases Aginst me and my family. In such scenario it is better to continue with RCR or withdraw and file divorce?

Originally posted by : sandevar
	Now if she counters me with false case like DV and 498 A can I base the audultery to file divorce by letting now the hon judge even despite calling her back she has lodged false cases Aginst me and my family. In such scenario it is better to continue with RCR or withdraw and file divorce?

When woman can make N number of baseless allegations, does it not become your duty to at least tell the court what actual matter is, be it adultery, filing false cases against you etc?

 

RCR you withdraw once your wife files such false cases against you and directly file for divorce based on adultery + meting out mental cruelty + blah blah blah etc etc whatever she does to hurt you all you mention in divorce pettion, all those becomes base for you asking divorce.

@sandevar

 

It will not be intelligent to withdraw te RCR. As RCR will protect you if a false 498a or DV case is lodged against you. If on passing a year, if ex parte decree is passed, then it is in your favour and you can file a divorce. A good opinion on this matter is required.

 

I think you should take advice from an experienced criminal lawyer as 498a is a criminal case. Visit www.lawkonect.com. Here you can post your query and a detailed written reply would be provided to you by an experienced lawyer. You can avail consultations with a personal lawyer on this matter through www.lawkonect.com. It is very essential that you get to know about your options well and for that i think you should take professional help.

 

Regards

I takes lot of courage to get married, keeping in mind the laws of the soil.

Thinking thinking, what will happen if it happens like this, if it happens like that, that this, this that.. No use at all.

Either wife should take a step, or husband should take a step, then only further things can be discussed.

In anticipation of some untoward action, filing divorce petition is also not a good idea.  Basically entire thing relies on what the wife wants from husabnd.

Husband is just a mere puppet with whom wife can play whenever she wants that too in accordance with law !! 

Hi Helping Hand and Sufferer since O have already applied for RCR please suggest me on these grounds. I know either husband or wife has to begin the legal process I have started my case with RCR because applying divorce and case getting dismissed then I should be at the mercy of my lovely wife. Now withthe RCR I feel defense is the best form of attack I want my wife to take the steps where she tells that she dont want to cohabit with me in black and white. Now please taking into consideration the above facts please suggest me how to approach yhe case?

Originally posted by : sandevar
	Hi Helping Hand since O have already applied for RCR please suggest me on these grounds. I know either husband or wife has to begin the legal process I have started my case with RCR because applying divorce and case getting dismissed then I should be at the mercy of my lovely wife. Now withthe RCR I feel defense is the best form of attack I want my wife to take the steps where she tells that she dont want to cohabit with me in black and white. Now please taking into consideration the above facts please suggest me how to approach yhe case?

I just request you to cross consult with your personal lawyer once more, this is just a quick in quick out solution place.  Sufferer is also entangled in his own legal problems and he is giving solutions is such a laughable thing, I advice you not to follow advices of litigants/petitioners who are themselves in problems, but to seek legal advice from practicing lawyers or legal advisors.

Well, coming back to your case.  As we has discussed earlier, you have filed RCR, hope that you have given enough time for her to think, as you cannot file for divorce immediately as your marriage has not completed the 1 year mark.

She will reply only at the end of such period what you have stated in your RCR petition, say you have given her 9 months time to come back to you, she will not reply untill unless the 9 month period is over, keeping in mind her behavior of the past with you and your family including that of her parents etc.

 

In the meantime, if she is in a hurry to marry that guy whom she roams with, then she will ask for MCD, but the knack is bargain,  Dont give in to pressure, take help of a senior advocate, the way you have put that their lawyer wants a huge lumpsum for settlement, clearly shows that he is a young chap.  Bargaining, we have already discussed in detail, hope you remember it.

Till such time she replies, you may just sit and relaxx!

Helping Hand, just to clarify my marriage has completed 1.5 years close to about 19 months. Is this the right strategy going for RCR and asking wife to tell in fron of court that she is not interseted to cohabit. I have only proofs of her giving mental cruelty like NC complaint and few eye wittnesses who have agreed to come to the court and provide evidence of her cruelty.

The bottomline is, she had a pre marital affair and she wanted to continue that relationship, due to her parents and relatives force she married me with force and that force has led to all issues, now we have come to the point where we are ready for compromise and take MCD but she, her parents and lawyers are into settlement raquet asking us huge sum. She is working with Fortune 100 company where she has the package of 12 Lakhs PA . 

Now as per me conversation with you I had filed RCR giving her 3 months of time to decide as she had left home 9 months back and all efforts to bring her back went in vain. Now my family has decided to the point that it is wrong to bring her back as she should stay with whom she loves. Now I know RCR is such a futile law I cannot bring her back through and ask her to lead a life with me. I know they want to put presure on me so I succumb and give her hefty for her freedom. I am okay to drag the case for some more time until she succumbs and ask for dotted line MCD.

She and her family and their lawyers have decided to file DV and 498 A and I'm anticipating it and I know these cases are to put me into pressure. Please suggest me in these lines. Can I immediately file divorce once those cases are filed against me, I will ask my lawyer to withdraw my RCR on the ground that she has filed all wrong cases and I would like to go for contested divorce based on the counter blast she had done after filing RCR?

Please suggest.