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Amit (Engineer)     01 January 2013

Need kind advise, mess with rcr, unfaithful lawyer

 

Dear Sirs,
 
I filled the RCR under HMA section 9 on 15 August 2012. 
The notices are not served yet.
On 30 November, 2012 my wife filled application in CAW cell and we attend the meeting on 28 December, 2012.
 
My wife has claimed in complaint that me and my father has taken away all the stredhan articles during her 1 week stay at my native place.
The fact is stredhan was never with us. She took away all the stredhan with her to her native place where she is working.
 
In RCR the advocate whom now we realised is touch with opposite party has mentioned in one para of RCR that wife came to 
attend the marriage ceremony at our local place and without our knowlege she took away all the stridhan articles. 
 
I know the onus of proof of stredhan is on girl side. Our acceptance in RCR that she took away all the stredhan when she come to attend a marriage ceremony also implies that we were possessing the stredhan and onus of prove that she took away all the stredhan shifts on us. This is scary.
 
Kindly suggest the way to come out of this.
 
I could see the following options:
 
- Close the RCR.
   Issue with that is girl side is claiming that I was ignorant in relationship. RCR is my savior to show that I was sincere and took sincere efforts to bring her back. So on closing I will loose that advantage.
 
- Modification in RCR:
   Can RCR paragraph be modified such that instead of all streedhan we will say all "mu dikhayee"(gifts given to bridge on reaching husbands home by husbands relatives) things she took away during attending the marriage ceremony at local place. Is this modification possible as it is changing the sense of the case? Will it be not considered as after thought inspired by application filled in CAW cell.
 
- Close the RCR and File at my work place:
   Right now I have filled the RCR at my permanent residence place. Can I close the RCR there and filled a fresh RCR at my working place with changed contents. If it is possible will it be not considered as after thought since it is filled after CAW cell application and will lost its significance.
 
For my case I understand RCR is not a double sided sword since I am sure she will not come back.
 
Kindly help me to come of out this mess.
 
Regards


 5 Replies

Tajobsindia (Senior Partner )     01 January 2013

1. RCR is pure intent based showcause and in reference to context if you were not interested to maintain harmony in matrimony right from begining then there is no point to still cry wolf! Withdraw it as not pressed and done with such experiments.

2. Contest alleged charges as and when they surface r/w as they progresses and prayer showing intent of RCR can always be submitted later on in respective case(s) as and when they go on trial so not a big deal here that all your alleged innocence are lost forever for want of intent.

3. Stridhan with whom question before Authorities can easily be proved by cross examination provided your pleader knows what to cross which oozes out of her complaint wordings and replies from your side r/w witnesses produced only for such allegations as and when a case on floor of a court right now it is CAW cell intent to please one party in ply for which not much strategy can be given as one sure shot tonic syrup to boost husband’s morale for a reson these queries are more or less encourage 'speculations' which is bad in eyes of Law is my view. 

Amit (Engineer)     01 January 2013

Dear Tajobindia Sir,

Thanks for your kind and useful advise.

At the stage of RCR filling I was actually willing to take her back and not now after CAW cell cruelity.

There is catch in withdrawing the RCR that the RCR prayer has a faulty paragraph which hits my sridhan defence. I want to get it completely removed or modified. Kindly suggest what can I do in removing/modifying the faulty paragraph.  I want to use the withdrawn RCR prayer in future case fighting as you suggested. Since I saw in many supreme court judgements that RCR filling husband is in better off. So I am planning to withdraw only after amendment so that withdrawn RCR prayer can be presentable in court.

Please suggest.

Regards

Amit (Engineer)     01 January 2013

also sir please advice as she has already filled the application in CAW cell, will the modification/removal of faulty paragraph of RCR be treated as 'after thought'. If yes , than is there a way out.

Tajobsindia (Senior Partner )     01 January 2013

1. Ever read on res-judicata? Make efforts to read about it. 

2. Your facts are not a fit case for any future usage believe me.

Amit (Engineer)     01 January 2013

Dear Tajobsindia,

Thanks again for your kindly reply.

Further, since notices are not being served in RCR, hence no decision or even hearing is done will it be still considered in res judicata. For closing the RCR we need not  to give any reason so can I close it with out reason and open the new one at working place. Previous one is at my native place.

Also please suggest if prayer's faulty paragraph can me modified/removed at this stage without considering it as after thought. As CAW application is already filled.

From complaint it seems wife case is based on that I am not sincere to take her back. RCR will put them on back foot.


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