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Singha Rao (Engineer)     04 August 2012

Need help on rcr and divorse

Hi,

  I am planning to apply for RCR against my wife.. So incase some thing goes wrong in between or if I the situation will not omprove, then can I withdraw the case and can I file a divorse case in between?

 Or I have to wait upto court hearing and I have to do according to the courts decision?

 RCR generally takes how long time?

 Can I fight RCR from abroad by the help my brother and advocate and in special case I can come down to India in every 3 to 4 month for a week..

 Our marriage was solemenised at my wifes home town and we last recided at my home town.

So basically where can I file RCR?

Once I will file RCR then I am expecting 498a as counter.. So after filing RCR can I apply for Anticipatory bail form court before they file 498a for me and my family members..(Some where I read that for getting AB before they file 498a case, we have to give some proof of chances of getting 498a)

For that I have proof of voice recording where she was arguing that I ammoney minded and as they did not pay much dowry, so she got ill treated.. Which is completely false..This one can I show to court during application of AB before they file 498a.

 As I am currently staying at abroad and my wife has all detail of my employer, so before she file 498a can I apply for AB and not to impound my passport to high court indicating that I am expecting false allegationon 498a ?

please advice me in thsi regard..

Thanking you in advance.

 



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 August 2012

You can fight RCR from abroad, bu you will have to attend your case whever court directs you to present before the court.

You will have to file RCR in your home town or where the marriage takes place.

You can apply for the AB, if she filed 498A against you.

Dont make hurry to get AB, let her file a complaint.  Even without FIR you can apply for AB.

dr.pawan rajyan (member and secretory)     05 August 2012

 

 I am planning to apply for RCR against my wife.. So incase some thing goes wrong in between or if I the situation will not omprove, then can I withdraw the case and can I file a divorse case in between?...............................YOU ARE ALWAYS FREE.

 Or I have to wait upto court hearing and I have to do according to the courts decision?

 RCR generally takes how long time?...............................................................KEVAL  JYOTISHI BATA SAKTA HAI...............2 YEARS NORMAL TIME...........

 Can I fight RCR from abroad by the help my brother and advocate and in special case I can come down to India in every 3 to 4 month for a week..

 Our marriage was solemenised at my wifes home town and we last recided at my home town.

So basically where can I file RCR?.............................AT YOUR LAST RESIDE PLACE.........

Once I will file RCR then I am expecting 498a as counter.. So after filing RCR can I apply for Anticipatory bail form court before they file 498a for me and my family members..(Some where I read that for getting AB before they file 498a case, we have to give some proof of chances of getting 498a)

For that I have proof of voice recording where she was arguing that I ammoney minded and as they did not pay much dowry, so she got ill treated.. Which is completely false..This one can I show to court during application of AB before they file 498a.

 As I am currently staying at abroad and my wife has all detail of my employer, so before she file 498a can I apply for AB and not to impound my passport to high court indicating that I am expecting false allegationon 498a ?.............YOU CAN GET AB ON THE CONTENTS OF YOUR RCR..............

please advice me in thsi regard..

Thanking you in advance.

Manoj Choudhary (Advocate)     05 August 2012

RCR and Divorce can not be filed together. Better file RCR from your home town. Once 498A FIR done against you, she would have an option to say in court that You harras her.

I suggest you to file RCR before her FIR. Secondly try to talk  to her over phone/face to face and record the conversation.

In india, it is very dificult for husband to get divorce.  

HK_Jain... (498a Fighter)     05 August 2012

If you file RCR and widdthdraw it after some time then you can not file for divorce untill a year I think,  Think again If you want to live with her and not to divorce her any more then only file RCR.

rajiv_lodha (zz)     05 August 2012

RCR is a useless case in ur scenerio. It will invite more trouble for u than any relief. If u want to save ur marriage & want ur wife 2 cohabit wid u, try non-legal ways, take help of common relatives n elders. Try to talk 2 her n sort out the differences.

If u think that no workable solution is in sight, apply for divorce.

gud luk

Singha Rao (Engineer)     06 August 2012

Repy to Rajiv Lodha,

 Thank you for your information. Actually since last 7 onth she is at her parents home and when I requested her to join with me but she is telling that she want to do job at her home town..not to do job near to me..

 Regrding family, right now from my side there is no body (Father passed away, and no any immidiate relative is there to will help me) .. Even their case also they already detached from home and they are staying out side..

 She is not joining with me and day by day making many demands..
which already I recorded amicably..

 I know if I will file direct divorce then also she will go for contested one.. So I am planning to file RCR first.. Let me see if she join, otherwise I will file divorce later..

Can you help me in this regard?

dr.pawan rajyan (member and secretory)     07 August 2012

agreed with rajiv lodha.

rajiv_lodha (zz)     07 August 2012

So I am planning to file RCR first.. Let me see if she join, otherwise I will file divorce later

Sorry to say that u are totally on wrong track. RCR n divorce application are oppoisite poles assuming u plan 4 divorce on CRUELTY GROUNDS. Its not so that u withdraw RCR n then apply for Sec 13 i A. In RCR petition u basically CONDONE HER WRONGS.

So be careful b4 doing something...u may find urself in strange world yrs down the lane


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