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fighting back (exec)     17 July 2013

Domestic voilence filed after rcr filed by wife

Hi friends,

just want to take your opinion on my case

Domestic voilence is filed after RCR is filed by wife.

First RCR is filed, the DV is filed with all kinds of allegations, also stating under oath that her life is under danger due to me and my family. also asking for damages of Rs 1500000 and maintainence and separate house with rent

now, if she claims her life is under danger due to us, then what is the use of filing RCR in the first place?

also if she wants separate house, where can she stay in a separate house,? (in her hometown, or my hometown?)

she is from a different state and i am from a different state, she is presently with her mother

she is also contesting the divorce case filed by me......

I want to know what could be the possible stratagy to file Domestic voilence and asking for separate residence and rent, after RCR is filed by the same person.

 i would indeed appreciate your kind replies. thanks



Learning

 6 Replies

fighting back (exec)     17 July 2013

@need justice -   yes she has also filed 125 for interim and final maintainence.....no 498a though.......as of now.

i wanted to know will her RCR case get weakened because now she claims that there is threat to her life from me, whereas in RCR no such thing is mentioned,


(Guest)
Dont worry about RCR. Point is are you willing to accept her back?

Adv. Anil M. Sharma (Advocate)     21 July 2013

Just follow ur cases with all latest situation at hand. Surely u will get judicial sympathy from courts.

shriks........... (healyhcare)     21 July 2013

1. do one thing.........give your say in rcr, 125 that ready to accept and divorce filed bcos she deserted and inflicted mental cruelities.......
2. what you will get now is her interim if any might get stopped....as you ready to maintain her thats what 125(4) states......

3. do not let rcr go expartee....now in dv say she filed rcr and i am ready to co habitate as she herself withdrawn from your society and club rcr with 125 with common judgements.......now try level best to prove she filed rcr and later dv .....dv not maintainable and to be dismissed........

4. by this rcr +125 would be dragged long preventing interims if you lucky.......i went through the same.........

5. now she will file 24hma in your divorce to prolong case and get pendente lite i.e. alimoney till disposal of divorce which she would drag for years thereby shelling money from your pocket...........

6. defending this is try proving she able bodied educated and prove working if you can...........let orders for 24hms be passed........do not hurry to clear arreasr and costs........let case be dragged for few months.......pay once in 3mnths if you can afford.......
7. follow dv/ 125/rcr and state no multiple maintenance cases can be maintained and you are paying in 24hma as per your affordability.......
let these cases go for few months.......
8. when your sweety sees she not  geeting much except wasting time and money..........thats where cookie will crumble...........she would propose you not for love but for MCD........ now buy time think .....discuss with family and lawyer and act .......play smart..........you can bcome a smart a**e if you think.........
9. good luck.......keep a track of new amendment as well.........

fighting back (exec)     21 July 2013

 

Hi Shirks,

thanks a lot bro for your detailed advice. however i want to ask you the follow queries based on your reply



1. do one thing.........give your say in rcr, 125 that ready to accept and divorce filed bcos she deserted and inflicted mental cruelities.......


actually, i cant take the risk of accepting her back, because the actual situation is, she is desparate to come back, because previously she left my house very stubbornly and arrogantly, but after staying with her mothers place, people around their house have started talking in hush hush tones about ' yeh toh apne pati ka ghar chod ke aagai, gharwalo ka naam kharab kar diya, yeh aachi ladki nahi hai...etc etc. thats the reason. to save her nose, she now wants to come back.  sthe stated that she wants to come back in the counselling sessions for 125 and RCR, but immidietly after the counselling she filed DV, hence i cannot risk taking her back as she has already made my life and my family a hell, she attempted to run away 4 times from my house, filed a application to the police station with false allegations, but the police never callled me up. 



2. what you will get now is her interim if any might get stopped....as you ready to maintain her thats what 125(4) states......

 

after she filed for dv stating that her life is in grave danger because of all of us, i cant risk taking her back, what do you say?

 

3. do not let rcr go expartee....now in dv say she filed rcr and i am ready to co habitate as she herself withdrawn from your society and club rcr with 125 with common judgements.......now try level best to prove she filed rcr and later dv .....dv not maintainable and to be dismissed........

4. by this rcr +125 would be dragged long preventing interims if you lucky.......i went through the same.........

5. now she will file 24hma in your divorce to prolong case and get pendente lite i.e. alimoney till disposal of divorce which she would drag for years thereby shelling money from your pocket...........


regarding RCR, i have already filed by reply with objections

6. defending this is try proving she able bodied educated and prove working if you can...........let orders for 24hms be passed........do not hurry to clear arreasr and costs........let case be dragged for few months.......pay once in 3mnths if you can afford.......
7. follow dv/ 125/rcr and state no multiple maintenance cases can be maintained and you are paying in 24hma as per your affordability.......
let these cases go for few months.......
8. when your sweety sees she not  geeting much except wasting time and money..........thats where cookie will crumble...........she would propose you not for love but for MCD........ now buy time think .....discuss with family and lawyer and act .......play smart..........you can bcome a smart a**e if you think.........
9. good luck.......keep a track of new amendment as well.........


 
thanks a lot for your kind reply. just request you to pls advice futher

shriks........... (healyhcare)     21 July 2013

1.who is asking you to take back???????

2. you do the paper work , court wont tie your hand to hers and chuck you out of the premises......
 

3. let her file written apology , let her file apology for- her stubbornness, suicidal tendencies, her running away causing mental cruelities, let her accept your home safe for her and she ought to come on her own risk.......draft properly........not the way i adviced but like sweet poison,

4. not let her reply to it........

5. if she accepts her mistakes in open court, files her say the way you want then think.........it will take time..........court teaches patience............

do not worry she wont come so easily...........she has her adv....to guide her and you have a full forum here for free to advice...........use head over heart 

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