sunanda (student) 30 October 2013

Husband harasing me

I am in a great problem...My husband files RCR... We got married before 2 and half years. After that I joined with my husband for 4 month at abroad. After that for his peculiar behavior now I am staying for more than 1 year 9 months at my parents house, due to following reason..

Ø One time he hit me at my head (I don't have any proof) and he scold me many time..

Ø He suspect me for unnecessary reason, that I have past boyfriends..He is raising many time these issues..for that I am not feeling safe to join with him..

Ø At that country I did not get any job.. so I refused to join with him..Although he has handsome salary and he want family planning but I want to stand in my own. For that I am doing job at India, and in past I told to my husband that I don't want to join at abroad...

Now I am willing to face his RCR and wanted to join with him..

Noe he is playing dual game, and raised many condition in front of Magistrate and that ""Although I filed RCR, but after that also many thing happened (during these RCR period 5months) and he told some base less complain against my father and me (that I am doing job without informing him, and also he has many complain against my father) and told that now I am not willing to continue this relation and want to get out from this relation""..And he say that he want to separate from this relation..

After that magistrate told that why you filed RCR, and as you filed RCR so you have to accept your wife...otherwise you are the one who has molafide intention towards your wife..Then my husband keep silent and by the time magistrate told to think about this mater and put another date...

Now I came to know that: My husband is trying to put very harsh condition letter, then he will tell to take.. His intension not to keep me.. but playing a dual game..

In such case what shall I do??

Now husband left his job and telling that, he is jobless.. In such case how I will demand allimony?

Now can he withdraw his RCR application and can he file divorce against me?

If I will not agree on his divorce application then what shall do?

Please suggest me in this regards..

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7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 October 2013

For his RCR, you reply positively. In the mean time you ask the court for interim maintenance for your living till the case is finalised. If he failed to pay, court will penalise your husband. You agree for mediation. etc.

sunanda (student) 30 October 2013

Thanks Ramachary for your kind suggestions..Actually right now I am working and getting around 10 K and by this time he is jobless (Before 2 year he was at abroad and getting more than 2 lakhs/pm)..Can I ask to court that he was with a higher salary? In such case shall I eligible to get Interim alimony?

In case court will ask him to pay and he will not pay then can he get jail?

If he will put un-tolerable condition (as his intention not to stay with me) then only he will accept me...

Again I scared that as his intention not to take with me, so incase court will ask him to take..then following are his plan: he may not take to take me his own family.. and he will put me in another rented house.. Then ill treatment.. Then he will say that I am not in job, so he may ask to do me the useless job, which I may not able to do.. or he may insist for mutual divorce..(ALL WILL BE MY FATE, AS I KNOW HIM.. HE IS A VERY GOOD MANAGER AND CHEATER)

In such case what should I do?

Please suggest me in this regards..

Sudhir Kumar, Advocate (Advocate) 30 October 2013

he is the applicant who wants you to be back. The considtions if any raised by you shall prevail not his. AS you have already told judge has seen trhough his mind. For him it is first case but not for the judge.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 October 2013

Ask him to sign on family matters memorandum of understanding between both of you, these papers to be signed and submit the same in the court or mediation centre.

Samir N (General Queries) (Business) 31 October 2013

There are legal matters and then there are practical issues. During domestic disputes, it is easy for both parties to get carried away by the decision-du-jour or the decision of the day and forget about the end-game or goal. What I am trying to say is, first decide if you REALLY want to stay with him. If you do not want to do so, then decide what and how much you need from him to move away from his life. Keep that to a practical amount because the more exorbitant you demand, the more difficult it will be for you to get it.

Think of the following: He has filed RCR and he agrees to bring you back into his life. Are you ready for it? If not, he may just be playing this RCR drama to show that he was trying to get you back and you refused to come back... (It is possible that he took my advice given frequently in this forum by me ) If so, you will not qualify for any maintenance if you decline his RCR offer. Hope you know that. RCR is a nice tool that a party can use against the other party.

Have an intermediary person talk to him about some mediation to ultimately move towards divorce. Agree on some reasonable alimony and move on with your life and let him move on with his. If he is a nice person, try to look beyond the one or two incidents and see if you can truly get back together. Perfection is hard to come by this day. If you think that you are going to get a better husband, that may not happen. Think practically.