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Balaji2005 (private)     07 February 2017

Divorce and rcr

I have filed Divorce and my wife knowing about it offline filed for Conjugal rights from her mother's place which is remote village. But she is statying nearby to me after filing RcR. My divorce case is in counter filing stage now and she stayed the divorce and asked for merger of above cases at her mother's place. Consequently her RcR is now in Exparte evidence state as I have niether filed counter nor appeared. What will be the subsequent effect on my Divorce case if she gets RcR exparte order ?



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 11 Replies

whatnot   07 February 2017

Incidently this is similar to another case discussed here, but here the parties are reversed.

https://www.lawyersclubindia.com/forum/Rcr-not-maintainable-if-filed-after-husbands-divorce-petition-146776.asp

 

What is your prayer in your divorce case?. Desertion? Cruelty?

If she wins RCR, she will go for maintainance as well. It is prudent to fight the case on basis of merits.

 

Balaji2005 (private)     07 February 2017

I made one reunioin also which failed within two months of joint living due to her cruel, stolen things from my home while I was there to provide money to her desires.

To answer your question:

Divorce based on cruelty and she is accepting that she desserted me on her won, but due to harrasment & dowry torture. But she seeks RcR to live with me now after stating all the false allegations against me. I also went on amicable settlement for living via my advocate, but her intension is to torture me by dragging me into many cases rather she did not shown any interest on living with me.

Any avenues for her, the RcR Exparte order to cancel my Divorce petition ?

whatnot   07 February 2017

On strict legal terms court will pass RCR decree as it is bound give a marriage second chance.

So in that sense, it is better to fight RCR and prove desertion was vlountarary and there exists no bliss in marital home. You could also point out the divorce case and seek justice.

The only true weapon man has is legal way . And with many cases court drags cases anyway. Until then you have your peace.

 

If her court is not too far. Fight now and seek for a transfer showing that she stays close to your residence.

 


(Guest)
Originally posted by : Balaji2005
I have filed Divorce and my wife knowing about it offline filed for Conjugal rights from her mother's place which is remote village. But she is statying nearby to me after filing RcR. My divorce case is in counter filing stage now and she stayed the divorce and asked for merger of above cases at her mother's place. Consequently her RcR is now in Exparte evidence state as I have niether filed counter nor appeared. What will be the subsequent effect on my Divorce case if she gets RcR exparte order ?

Subsequently you will be granted divorce.  BUt it all depends on your advocate on how to get it. And that my friend is a very big question which can be asnwered by your advocate alone.

Balaji2005 (private)     08 February 2017

Thankyou all...

Balaji2005 (private)     10 March 2017

My wife initiated transfer/merger of divorce case to her native palce with RCR as said in above thread. But in actual she is working in the current city where the divorce case is filed and divorce case is in Interim stay. How can I prove to the court that she is working in the same city when I know the following details. What are the material evidence required to prove this?

1. Company she is working
2. Place where she is staying

In addition, she suppressed the fact as unemployed in the transfer petition.

 

Balaji2005 (private)     11 March 2017

Please help to my question....???

(Guest)
Originally posted by : Balaji2005
My wife initiated transfer/merger of divorce case to her native palce with RCR as said in above thread. But in actual she is working in the current city where the divorce case is filed and divorce case is in Interim stay. How can I prove to the court that she is working in the same city when I know the following details. What are the material evidence required to prove this?

1. Company she is working
2. Place where she is staying

In addition, she suppressed the fact as unemployed in the transfer petition.

 

You need to have attendance register of company where she is working.

You need to have telephone bill or current bill of where she is staying.

Hire detective.  Spy to take pictures of where she is going what she is doing.

whatnot   12 March 2017

Take a rented place close to her current residential place. And then state in written statement that you have seen your wife entering a place close to your latest rented place and seek permission to check what is her intention. Keep some picturesin your mobile

She either have to accept that she is staying or go back to her parental home.

Balaji2005 (private)     13 March 2017

Thankyou for the valuable directions. Will get some detective deployed.

On the otherside, will that be prudent to request the Hona'ble Judge to put orders to the company for providing details of her employement. If so, what should I produce to the court as I have gutt feeling that the company may refuse/hide to provide details like her attendance, date of joining, certificate of her employment etc...

I am novice....Sorry if I'am overseeing something that is already answered...

Please let me know.

Balaji2005 (private)     23 July 2017

Further to the above, have placed the official letter(evidence) that she was working in Chennai in front of the Honarable Justice, High court. In the meantime the learnt Wife has puposefully resigned and left to different place. When my lawer argued the behaviour is a clear pupose of abuse of law, the Honrable court asked both parties to go in compromise. There was also another point for me which is she fabricated the fact of filing the cases as she filed her RcR first followed by which I filed the Divorce. Which is a clear cut lie as matter of fact of Court Filing dates. Finally the order was to transfer the case to Madurai which came indirectly favourable to her as she was living there until I filed divorce and vacated that place puposefully and went to Theni(filed RcR) just to haress me to make me wander from Chennai to Theni for every hearing. The Honarable Court says haressment needs to be established in Family court and not in this case(CMP & Tr. CMP). In addition the Court also ordered 25K as litigation charges to be paid to her even after I proved her

1. Fabrication of fact of filing the Divorce & RcR petitions

2. working in chennai with IDcard and Official letter that she was working in Chennai when the Stay cum Transfer Case was filed(CMP & Tr. CMP).

I don't know what else merit I can establish in Court to prove her purposefull haressment on me by abusing the Law written only for protection, consideration of Women and clearly not for the very pupose my wife misusing them for.

Can someone help, shed some light, if this Case

1. can be appealled ?

2. In Highcourt or Supreme Court ?

3. What will be the probablity that I can prove these merits in (CMP & Tr. CMP) I am being harressed ?

Appreciate your Guidance in this matter....

 


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