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mrgop (Owner)     01 February 2012

Hus filed rcr, got it in his favour,but not taking her back

Wife left matrimonial home without any serious reason. Then husband filed RCR and got it in his favour after three years, and wife didn't even go for appeal. Now, she is ready to come back but husband not ready to take her back as he is playing revenge. His version in court is that in court she agrees to join, but turns back at outside. So, how can she convince the court that husband is not taking her back as he told in rcr?  She belives that he plays this game to file for divorce on non-execution of rcr after one year. Now, what are the options for her? He is living in a rented flat near his work place.



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 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 February 2012

If the wife is willing, the husband can not seek divorce on the ground of RCR alone.

 

It would be akin to husband taking advantage of his own wrong.

 

You can use Someswara Vs Leelavathi, Sayal Vs Sayal, Laxmibai Vs Laxmibai for your defence.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Shantanu Wavhal (Worker)     01 February 2012

Wife left matrimonial home without any serious reason

Then husband filed RCR and got it in his favour after three years

 

now the husband is playing his part of tricks !!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 February 2012

happens all the times.

 

RCR is a useless remedy and always misused.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

mrgop (Owner)     02 February 2012

The question is how to convince the court that its not the wife but the husband who is refusing to rejoin. Husband always says in court he is ready to rejoin and wife also agrees in court but she changes her stand outside the court. Actually its the husband who refuses to rejoin once they come out of court!
 

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     02 February 2012

take lessions in use of mind power it will help to tame your hybby.

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

send a letter by RPAD that you wish to join himi.e.ask for execution of RCR decree,let him reply whatever he wish or not reply.you cannot force him to live with you.

It will be a proof with you,which will deny him divorce by court after completion of 1 year from day of RCR decree.

Sayeed Nazir (Marketing Manager)     06 February 2012

BOSS, SEND A NOTICE WITH THE RCR DEGREE, TO YOUR WIFE AND ALSO GO THE NEAREST POLICE STATION AND GIVE APPLICATION THAT U HAVE DEGREEE AND TO EXCUTE THEM, NAME IN THE COMPLAINT OF ALL THE PERSONS THOSE WHO ARE STAYING WITH UR WIFE AND POLICE NOT TAKING ACTION SEEK COURT DIRECTIONS TO SP OR COMMISSIONER OF POLICE GET COURT DIRECTION, AND FILE AN FIR WHICH WILL HELP U OTHER TIMES, ALL POLICE HAS TO EXECUTE THE ORDER BY THE COURT ALSO NO ACTION TAKE THE MATTER TO HIGH COURT AND GET DIRECTION TO EXECUTE THE RCR DEGREE AND THIS WILL HELP U A LOT 


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