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bindu (no idea)     29 March 2011

Divorce and RCR

Learned Sir/Madam,

Married in 2001, one son,seperated from husband for 3 years,husband put RCR and does not want to withdraw case and I am forcing for divorce from his side first.As per my lawyer advise I have put IPC 498(a),323,341,504,506 R/W 3 and 4 along with DPA cases aganist my husband, mother in law and brother in law.

If my husband's lawyer proves that this is false case will I be put to jail if my husband or MIL or  BIL put case aganist me?(maanhani case sec 499 or 500)

After prooving false case can my husband turn RCR into divorce case on cruelty grounds?

Then will I get maintenance and rights on his ancestral property?

Can he only give money to my son maintenence and not to me if he gets divorce on cruelty grounds?

Also as I am not working and he is working with good salary, can he get my son's custody?

Thanks in advance

BS



Learning

 16 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 March 2011

Once it is proved by your husband that all the cases filed by you are false and intentionally filed to harrash your husband then you will be under trouble some times you wont get maintenance.  So better to compromise with your husband and come to an amicable settlement.

2 Like

Satish (product support)     29 March 2011

It is always good that solve the problem amicably instead of fighting in the courts .As rajeev told once it is proved infornt of court that you put false cases you will be in trouble.

2 Like

bindu (no idea)     29 March 2011

thanks for the reply.

can the learned advocates answer the specific questions. I am not getting straight answers from my lawyer.

I feel I am being misled by my lawyer. Please help!!!

If my husband's lawyer proves that this is false case will I be put to jail if my husband or MIL or  BIL put case

aganist me?(maanhani case sec 499 or 500)

After prooving false case can my husband turn RCR into divorce case on cruelty grounds?

Then will I get maintenance and rights on his ancestral property?

Can he only give money to my son maintenence and not to me if he gets divorce on cruelty grounds?

Also as I am not working and he is working with good salary, can he get my son's custody?

I would appreciate an specific answer.

Thanks.

Bindu

Arup (UNEMPLOYED)     29 March 2011


" If my husband's lawyer proves that this is false case will I be put to jail if my husband or MIL or  BIL put case aganist me?(maanhani case sec 499 or 500) "

---   certainly, if your husband wants.  do not give false statement at court. your lawyer dancing you at your cost.

first you decide what actually you want?

Arup (UNEMPLOYED)     29 March 2011

" husband put RCR and does not want to withdraw case"    ---   it is good, he wants your return. then where is the problem.

 

" and I am forcing for divorce from his side first."   ---   what does it mean? who forced you? nobody can force you for divorce. do you want divorce for his cruelty?

Arup (UNEMPLOYED)     29 March 2011

I have put IPC 498(a),323,341,504,506 R/W 3 and 4 along with DPA cases aganist my husband, mother in law and brother in law.

 

   ---   i hope your lawyer already explained the above sections or  at least show you the bare act.

do not give false information at court, if it is true, give it boldly no harm for it.

Arup (UNEMPLOYED)     29 March 2011

After prooving false case can my husband turn RCR into divorce case on cruelty grounds?

 

---  yes; and you will lost maintenance.

Arup (UNEMPLOYED)     29 March 2011

Then will I get maintenance and rights on his ancestral property?

 

---   no

Arup (UNEMPLOYED)     29 March 2011

Can he only give money to my son maintenence and not to me if he gets divorce on cruelty grounds?

 

---   yes.

Arup (UNEMPLOYED)     29 March 2011

Also as I am not working and he is working with good salary, can he get my son's custody?

 

--- after a certain age of your son, he may claim custody.

ofcourse you may oppose it with certain grounds or may visitation right.

now he may get visitation right for your son.

Arup (UNEMPLOYED)     29 March 2011

can the learned advocates answer the specific questions. I am not getting straight answers from my lawyer.

 

---   i am not advocate.

 

I feel I am being misled by my lawyer. Please help!!!

 

---   yes.  your lawyer dancing you at your cost.

Arup (UNEMPLOYED)     29 March 2011

please put the diffrences of opinion between the spouses. we will help you free of cost.

 

if severe cruelty is not tthere, then try to ignore the small matters.

 

rcr is the most humble and linient approach before the court to get back the spouse.

stylistperson (Director)     29 March 2011

DO NOT MISUSE OF LAW. IF YOU CAN NOT LIVE PEACEFULLY WITH SOMEONE, LEAVE THEM PEACEFULLY, DO NOT HARRASH OTHERS. IF YOU ARE USING FALSE STATEMENTS TO GET SUCCESS IN COURT, I WOULD SAY SOMEONE IS ALWAYS WATCHING YOU. SUCIDE BEFORE GOD PUNISH YOU HERE. 

Arup (UNEMPLOYED)     29 March 2011

she simply asking to set her mind.


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