RCR Vs Divorce

no problem for it. both the parties having right to file such petitions. you may present in rcr court alongwith your divorce petition. or you may wait upto third call.

what about your divorce petition, is she attending?

yes, She had attended the first hearing on 3rd Feb. She was not willing for counselling and asked for adjournment. Judge refused and forwarded the case for hearing on 12th Mar. Both the parties spoke to the judge and he tried to convince her for counselling but she refused and asked for adjourment as she had no lawyer.

There are several ways t look at your briefsand resolve the issues between you two;

1. It depends if inspite of 'temparament differences' you really want her to come back to your matrimonial home and start fresh now that you are blessed with a baby.
2. If you have a divorce suit filed and she has filed a RCR suit and no other cases (S. 125 CrPC / S. 24 HMA / S. 498a IPC / DV Act / Custody of child) in between you two then based on your once last call on above para 1 you may agree to her RCR and make a statement of compromise and hence withdraw your divorce case.
3. But you 'may' follow above para 2 only if you know that things may henceforth work better between you two. 

In such nature of proceedings it is till last end endeavour of the Courts to reconcile both of you which is what is happening right now from the face of your brief outlines here. So make a call on what you want out of current marital life and then stick to it unless and untill situations go beyond your control. But chances are that everyone wants a happy ending afterall.

All the best.
Rgds

Dear Mr Kumar,

Your points are noted but also you will have to understand that there were sincere efforts that I tried to resolve this issue at a very nascent stage.

Till I served her with 2 legal notices, she never bothered to respond to my call for saving the marriage because -

1. She thought that I would run behind her begging to reunite and that she make me dance like a horse to her tunes - she was not successful.

2. She laid unethical demands - asking me to give written statement on  her security for life and the baby as she found that I was a threat to her life, giving written statements in her native town ploice office  and in Chennai Comissioner Office, demand for separate living leaving my aged dependant parents suffering, to cut off all relationship with my parents and devour all my earning for herself and her imbecile parents, threatening me by using police and governmental bodies, rejecting all pleas to reunite.... I still can still whole lot......

 Do you think that anyone can life with a female who has no ethics in life and feels that her own husband can be a threat to her.?

What I wanted to know was,

Now that she has filed a RCR in her native town and I have planned to file for a transfer so that both the cases can be clubbed together. What are the options available to me keeping in mind that I need divorce no matter what....... Once a killer always a killer!!!!

1. Your recent mail is too personal and quite opposite to first one n I rather not reply in an open forum !

2. Do you understand how Transfer petition are contested and side by side are you aware that 90% transfer petitions goes in favour of wife. I am not aware where is her native place given to read Chennai as one of the Jurisdiction written in your mail so it looks to me to be intra-state transfer based TP (C) going to be! However if that may be so then welcome to domain of SC very soon.

BTW are you aware as hinted by Sh. Arup ji above that let her enjoy ex Party RCR anyhow no one can ever Execute a RCR Decree so why take pain and drain money on a TP (C) no useful purpose will ever be served in very near future?

Rest giving small snippets of advise in open forum are OK to let the Ganges of mind roll, for rest you need to self study Law especially from Myanas to Mullas to late Prof. Paras Dewan n Case Laws of SC to self understand and side by side encourage your hired Advocate too and with patience all these may happen.

For records, few dozen months back a respected member advised me to similar que. when I raised advising me that such maladies in marriage are like cancer .......hence live with it...it drilled me now why he advised so...in your case now that she is not in physical presence with you so why be in a hurry to get divorce and anyhow when a wife files divorce Court preassumes 100's of things but when a husband files for divorce it is mostly inferences so take a back seat now that you have filed for divorce.

Safest litigation you may stirr now is on Child Custody and by the time child is of reasoning age atleast you may get the custody but meantime you may get to know your own child via visitation and Chennai Courts are quite mature in this regards given to understand Indias first PAS (Parental Allineation Syndrom) based case law appeared from this very Court and not even by SC till date !
All the best.

Dear Mr Kumar,

I am sorry that if you have mistaken my comments. I wanted to convey the harassment and cruelty that been meted out to me over the last 2 years.

Pardon me for my  ignorance as I have no idea of what you are trying to drive at. My wife has filed a RCR petition in Subordinate Court of Arani a local town about 3 hours drive from Chennai. When I enquired with my advocate, it was told to me that I will have file a transfer petiton to bring it to Chennai Court.

My wife is not interested in giving me a divorce as she would lose the golden egg laying duck. She is tryingto harass me by filing this when I have very clear taken a stand not to continue with her anymore.

Are you saying that I should not contest the RCR and let it pass in favour of her. Can it later be also executed causing weakness to my divorce case?

What is the strong point for me if we let her win? or what do i stand to lose if  she wins ?

Please advice.

Dear Sir,

Husband (me) files a divorce case against  on grounds of mental cruelty in Family Court Chennai. Wife served with notice and appeared for first hearing seeking adjourment and refusing couselling session. Judge passed the case to trial as both the parties refused counselling.

Wife files for an RCR in her native town 3 hrs drive from Chennai.

Please advice what to do. Should the husband file for a transfer petition or what are the implications if the decree is passed on the wifes favour? Will this weaken the husbands divorce petition???

PLease advice