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fighting back (exec)     04 March 2013

Allegations in rcr petition by wife

 in case or RCR filed by a woman against her husband

, if she mentions various acts of harrasment, and yet in the end of rcr petition she mentions that she is a sati savitri and stilll wishes to stay with her husband, then in such a scenario how will the case proceed? does the case proceed like that of a criminal case on the basis of allegations put?

does the judge examines the petition as a RCR petition or does he treat the petition like a complaint petition?

at the end of the petition how is the judgement based, on cruelty grounds ?

or judge merely decides if the husband should stay with the woman or not,or if the husband is wrong or not does the court itself take cognizance of the allegations and frame criminal charges or is it upto the other party to file criminal charges/ basically what is the intention to put allegations into RCR petition?

as the allegations itself contradict the wish to stay with the other spouse. as per a past article of shonee kapoor in this forum, an ideal RCR is that where it reflects how a husband or a woman loves the other spouse, and how the other spouse is not keeping company of the other spouse, in other words it is just like a love letter by a dejected lover. Request you to kindly give your views on my query, also request other members ot give thier valuable inputs...thanks



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 3 Replies

Shashikant V. Patil (Lawyer)     04 March 2013

Family courts presiding officer always have a view of union of husband and wife.  So RCR are always prevails over a complaints/allegations of opponent party of spouse.

Rajeev Kumar (Lawyer/Advocate)     04 March 2013

The Presiding officer of the family court always treat the RCR petition as the union of couple at their best effort and it is not treated as criminal complaint. In case if meditation fails then the decree of RCR will be granted in favour of wife and on the basis of the RCR decree and allegations made in the petition then wife can file various criminal complaints in the court of law.

(Guest)
Originally posted by : rajanjoshi

 in case or RCR filed by a woman against her husband

, if she mentions various acts of harrasment, and yet in the end of rcr petition she mentions that she is a sati savitri and stilll wishes to stay with her husband, then in such a scenario how will the case proceed? does the case proceed like that of a criminal case on the basis of allegations put?

does the judge examines the petition as a RCR petition or does he treat the petition like a complaint petition?

at the end of the petition how is the judgement based, on cruelty grounds ?

or judge merely decides if the husband should stay with the woman or not,or if the husband is wrong or not does the court itself take cognizance of the allegations and frame criminal charges or is it upto the other party to file criminal charges/ basically what is the intention to put allegations into RCR petition?

as the allegations itself contradict the wish to stay with the other spouse. as per a past article of shonee kapoor in this forum, an ideal RCR is that where it reflects how a husband or a woman loves the other spouse, and how the other spouse is not keeping company of the other spouse, in other words it is just like a love letter by a dejected lover. Request you to kindly give your views on my query, also request other members ot give thier valuable inputs...thanks

 

Letter filled with love, is still a letter, one cannot kick you, beat you with harsh words and 498a, DV, 125, enjoy the money you give and still send a love letter stating that you are EVIL personified and still act as a SATI SAVITRI who wants you back in her life.


Come on man, heard of anyone who rejected a love letter/proposal, and got hanged for it? Chill dude!


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