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petitioner ( )     21 July 2011

Filed RCR -- Need Suggestions

Hi All,

I need your suggestions going forward.

I was married in may 2007 and later i had a kid. From past two years there is a complete change in her behaviour and influenced a lot by her parents.

She quarrels with me for petty issues and leaves the home and doesn't come back.this happened on several occasions and later she filed a complaint on me at WPS amd later we came to an agreement and she lived with me for 1 months and for a 2 days she went to her parents house, the very next day she commited suicide and i had admitted her to hospital and took care till she recovered, she went directly to her parents house and didn't come back till now.

Its been 6 months, so i had filed RCR.

Kindly let me know what has to be done next, are their any chances of filing false cases on me and my parents by my wife and her parents.

Your suggestions in resolving my issue would be appreciated.

Thanking Ona nd all.

Regards

Petitioner



Learning

 53 Replies

Ravinder Kumar (Account Director)     21 July 2011

@Owner: It seems you are hiding something... As per my experience the girl who is completely under her parents control will never try to commit sucide...   If you are true, she will come someday sooner or later.. True or False but they can file any case..

Rahul T (Engineer)     21 July 2011

I do accept with Ravindra. But your story is not complete. Since you are with her for a long time, you might have understood her intention. Committing suicide could be false try to put you & your parents into trouble. Please explain more, so that we can suggest better.

 Yes! She can file 498A, DV etc. Since there is suicide attempt also there, so you may not gat bail too… Be cautious…. You have done a good job by filling RCR….

Ms Liberal (others)     22 July 2011

If your wife has attempted to commit suicide and was admitted to the hospital surely she must be under pressure as no one barely act like this. Kindly aviod taking harsh steps immediately and contact through mediation center who may compromise or settle the issue

petitioner ( )     23 July 2011

@ ravindra -- there is nothing there to hide, i have told what all has happened. i am asking her to come back and not for divorce, why wud their chance be to file false case against me.

@ rahul, i our fours years of married life, i hardly stayed less than 1 year with her. i don't whats running in her mind. i am clueless.I have struggled a lot and requested her to join my company. i gave 100% but if she is not willing what can i do.

@Liberal, she is not enteraining anybody, recently she was also threatening to do what ever you want before her parents, her parents didn't said a single word to her why are you speaking like that. this shows their intentions. parents shud always try to suggets their daughter to lead a happy life till now they never said like that.

Guys, i am true and what ever i said is true. I believe in god and god knows everything happened in my life.

Guys thanks for your doubts raised and suggestions. kindly help in resolving the issue in a true manner

Regards

Petitioner


(Guest)

I can understand with the same situation which my cousin brother has faced I can know more about the. She too left the home without any reasonable cause with the only reaosn that he has asked her to take care of the baby who has been crying mercilessly and when he was preparing the tea she left the home

Her father is greedy man and has the eye on the assets of the deceased mother ornaments and may be she was acting his wish. He tried to reconcilate on phonee but she kept the phone switched off. Therafter her father has hurled an abusive language on phone to his father who is ana heart patient and asked him to come to their residence

When my cousin vised her residence .his father played very nasty game and asked that he shouldd pay Rs 20,000 p.m in addition to her income which she has been receiving from her employer and further demanded all valauable assets of the deceased mother which my cousin refused and the girl refused to join him

When he rached home and on next day courier he send legal notice and openly demanded 2 kg GOLD, 5KG Silver and 50,000 for harassment and including 7,000 for lawyer fees for notice along with undertakinghat he is responsible for causing harassement. His family experience a night mare Therafter he tried to reconcilate but father refused to make any move Finally he gave reply to the notice. Meanwhile he received the threatening call that he has lodged a complaint in police

I tried for anticipatoory bail but was rejected as no FIR was lodged

Therafter I advised him to file RCR , he father was so stubborn he started deaming the name in the society. one day he visted and said that he will shout outside the premises if they will not withdraw the case But laws goes in our favor The lady has to come back with undertaking in the court that he rparents will not meddle in her domestic life

THERAFTER WHAT HAPPENED IN THERI MARRIED LIFE I AM NOT IN POSITION TO COMMENT ON THE SAME BECAUSE INJUED LION IS MORE DANGEROUS THAN NORMAL LAW FRAMERS SHOUL HAVE TO SEE THIS ASPECT TOO
 

petitioner ( )     31 July 2011

Hi All,

I have filed the RCR, Can you throw some light what will happen next.

Will there be any procedings and what are the steps taken by the court.

If she comes back i want to get a written confirmation from her that her parents will not meddle in our marital life and also she doesn't walk away from home without intimating me.

Thank You

Regards

Petitioner

Ms Liberal (others)     31 July 2011

After notice has been issued, she has to appaer in the court

If she wants to contest on ceertain grounds then she she has full right for defence

If no valid ground i sthere, the court record her ststement and direct her to join  the house. There you can add the clause before the judge that her parents will not meddle in her life

But it of little helpful unless court will notr pass the directions


Personally the relation may get sour and it will take time so better to be vigil there

Ravinder Kumar (Account Director)     31 July 2011

I hope you guys get it sorted out amicably...


(Guest)

ALL THIS IS MONEY DRAMA... EVEN SUICIDE DRAMA... BE CAREFUL... PREFER GO DIVORCE... BUT WAIT FOR HER TO FILE... DONT STAY WITH HER... LET RCR TAKE ITS OWN YEARS... NO PROBLEM... JUST PUT SOMEBODY TO CHECK WHERE SHE IS WORKING... THIS SOLVES HER MAINTENANCE CLAIM... NEXT SHE CAN BE HANDLED EASILY...

petitioner ( )     18 August 2011

Hi

Court has asked me to present on 5th sep and this is my first hearing date.

I am not aware whether the summons are sent to my wife or not.

Can anyone throw some light what happens on the first hearing date.

Will my wife also need to present on 5th sep or not.

All your suggestions and opinions would be help to me going forward.

Regards

Petitioner

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 August 2011

Petitioner Brother,

It seems your lawyer is handling things for you and he has not updated you about the developments of the case, nor what is the purpose of case or the flow of case.

Let me attempt to explain it to you.

RCR is a remedy to ask the deserter spouse to come and join your company through court process. I have never advised anyone to file for RCR, because if the other person is bent upon not staying with you, court processess would only confuse things and the other person may attempt some false case on you to get even.

I assume, you would have gone to a lawyer and shown apprehension of false cases. The lawyer would have advised you for RCR, stating that would show that you are ready to keep her and hence the court would be sympathetic to you, if she files any case. THIS IS A WRONG ASSUMPTION. ALL CASES WOULD BE FOUGHT ON THEIR RESPECTIVE MERITS. AND MOST OF THE TIME IT JUST HASTENS THE PROCESS OF FILING OF CASES FROM GIRL'S SIDE.

Now about the process:

The girl would be issued notice and would be asked to give her objections in the form of Written Statement (WS/ Reply/ Counter-affidavit are all diffirent nomenclature for Reply)

The court would attempt reconciliation between you two. This reconciliation can happen at anytime, before filing of WS or after that.

If reconciliation fails, you would be asked to file rejoinder, if any.

Then matter would be posted for evidence, where you would state your side of story under oath or call some witness to support your story.

The lady would also get an opprotunity thereafter to produce her evidence.

Then arguments about whose story has more weight and who has been able to prove his point better

Then judgement.

If there is still any confusion, please feel free to write back.

Regards,

Shonee Kapoor

petitioner ( )     18 August 2011

Hi Kapoor,

Thanks for explaining clearly

can you let me know what the false cases they can file against me.

Apart from filing RCR, i don't have any other option with me.

Can you suggest me what could have been done.

what is file rejoinder?

Regards

Petitioner

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 August 2011

You could have just been patient and let them start anything. The list is huge what she can file on you. i) In RCR, she can file for Sec 24 for Maintenance Pendente Lite ii) She can initiate 498-A/ 406/ other IPC iii) PWDVA, 2005 iv) CrPC 125 v) Divorce LEARN TO BE STILL. GENERALLY, WE GET TOO RESTLESS TO DO SOMETHING AND GET INTO MESS.

petitioner ( )     19 August 2011

Hi kapoor,

Its been 2.1/2 years that we are not staying together. Pls tell me how long i hve to wait.

some one has to take the initiate right.

Regards

petitioner


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