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sanjeev pawar (service)     26 August 2012

Divorce filed by husband, and rcr filed by wife, pls advice

Dear members,

kindly advice me on this situation:

I filed a divorce petition based on mental cruelty on the 05/08/2012 at family court, wife filed a RCR at a family court under her place of jurisdiction on 30/07/2012, 6 days ahead of me filing a divorce petition. assuming none of us got the notice of court before filing the respective petitions, then which one will be  considered as a counterblast??

I received the notice of RCR on 25/08/2012, 20 days after i filed my divorce suit

I dont know  the date when the wife has received my divorce notice

my questions are:

1) which petition will be considered as  a counterblast?

2) prior to her filing the RCR petition. i had recieved a pvt notice from her advocate stating various allegations  of cruelty meted out to her by me and my parents, including that of asking for dowry, and in the last para, a threat of filing a DV on the entire family and an 'appropriate' (read 498a) action for asking dowry, and futher asking to either take my wife back to the matrimonial house ( the allegation is that i had harrassed her so much that she was forced to leave the house and since then she is at her mothers place), or pay Rs 10000 per month as maintainence and also give in writing asking her  for forgiveness from her, to the alleged inhuman acts by me and my family. I replied via my lawyer denying all the allegations and also denying asking for forgiveness in writing as i had not committed any of the alleged crimes. after that i filed a divorce petition in the court. and later received the RCR notice filed in court.

3 ) the RCR notice again contains all the allegations that were mentioned in the pvt notice by her lawyer, all the paragraphs are in ditto, the last para says that, " i am ready to forget and forgive all the crimes committed by you on me and want the husband to take the wife back to the matrimonial home.

my question is, if the she mentions all the cruelty meted out to her, then how come she is interested in coming back.

Can the RCR backfire on her? can the allegations mentioned and so called forgiveness by her in the petition be used by me as an advantage to counter any DV or 498a against me and my family.

What will happen if i deny the RCR, what will be the consequence on my and my family.

what will be the other advantages and disadvantages to me in this situation?

Thanking you all for your kind replies in advance.




 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     26 August 2012

The fact that after all what has happenned to her (her version) she wants to come back and files a suit in that regard, speaks volumes that her stay in your house was happy and safe. The instinct of survival is such a person wont go to a place where there is a threat to one's life.

Other than that there is no way any case is a counter blast but cross cases.

sanjeev pawar (service)     27 August 2012

Dear sir,

i my divorce petition i have mentioned  about the pvt notice of her lawyer mentioning all the reckless alegations. kindly advice if the pvt notice of the lawyer can also be a basis of mental cruelty on husband, or only filing  of a reckless case in court is considered as mental cruelty. kindly advice. thanks

sanjeev pawar (service)     27 August 2012

dear sir,

thank you for your kind rely, request to kindly advice, if the pvt notice by her lawyer can also form a basis of mental cruelty to husband, since she has now filed a rcr case in the court, or only filing of court case and being acquitted is mental cruelty to husband.

thanks once again.....

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