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jaggdish (q)     23 April 2015

Dv and rcr & divorce

My name is jagadish. i am staying Bangalore for last 2 years. My wife reject to do her basis  responisbilities in

home for our son's aged 10 years and 6 years. I don't have other option to maintain my kids alone. joined in hostel in andhra pradesh. after i joined my kids my father in law file a fake 498a to me there in andhara pradesh.

Police asked to me come and meet with your wife. we went and attend counselling.that petetion is rejected.

afte that i asked my wife come and join but she denied and went their parents. aftet that she filed DV to me

and my parents mentioned my parents address is my address and we are joint family. my parents receive

summons and they are attended. i didn't take that summon because that address i am not there.

 

later i filed RCR here bangalore. she attended mediation and it's failed. after that she filed transfer application

in suprem court for RCR transfer. it is still pending. in may 1st that hearing is start. but i don't have time to contest that in supreme court because i receive on 22nd April.  after transfer i think withdraw that petetion because mediation failed and i am attended from bangalore to andhara pradesh is problematic to me for my

job side also.

please provide suggestions on my query

 

1.  Is it possible to withdraw my RCR petetion once it reached my wife place.

2.  I am planning to file Divorce and permenant child custody here bangalore.

3.  Is it possible to file Divorce petetion here bangalore without closing the RCR or  once RCR is withdrawn after that i can file divorce petetion.

4. If i file divorce after that she files 498a to me. but 498a is applicable to me because we are separated

almost 1 year . If yes how i will contest 498a.

Please suggest

Jagadish

 

 

 

 

 

 



Learning

 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     23 April 2015

How can U contest in Supreme Court directly by passing the High Court?

1.Yes

2.Yes

3.It is possible

4. 498 A can be filed anytime, no restrictions or time frame

 

jaggdish (q)     23 April 2015

she filed transfer petetion in supreme court from bangalore to tenali andhara pradesh  and court  give stay

on further proceedings on this and ask file you arguement on this transfer. But i don't have time to contest that one becuase hearing date is 1st may 2015 in delhi. i drop this option. after transfer go there and withdraw my RCR. after that planning divorce here bangalore. 

 

please clarify i withdraw RCR and file Divorce. it is accepted by family court here bangalore. because

mediation fails in RCR.

 


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