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Rama (NA)     14 July 2013

Need urgent advice on rcr and divorce

Hi after our separation for more than 1 year, I filed RCR and in first date my wife side no body appeared.. After that we sent one more notice.. so after how may time it will become experty decree? In case they wil not appear, and experty decree Ifound that 1 year is needed for filing dovorce.. Can you suggest me what is this 1 year means? In thsi period can she still file case for reunion?

Secondly, after filing RCR my FIL sent a letter where my FIL indicate a lot of false allegation (no policecase yet?) after that I little frustrated with this relation..Instead of reunion my FIL side is playing a lot to harass me..As after filing my RCR, my FIL is initiating the torture thigs, so based on that can I with draw the RCR and file divorce?

As next RCR date to apper her to court is very soon, and incase she will tell that she will join with me after that councellor will fix date for both of us..

So in such case can I withdraw the RCR and file for divorce?

Or better to say in councelling that all the fact and "can I arise that, although I filed RCR but due to such and such reason, I don't want to takemy wife?" Is it possible?

Please give me some advice..



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 6 Replies

shriks........... (healyhcare)     14 July 2013

1.wait.......court teaches you patience.........let them appear, let them file replies or allegations or complaints or anything.....
2. if wife not interested in reuinion she will file n no. of allegations..........do not worry.......
3. now suddenly you withdraw rcr and file divorce , you would be painting a bad picture of yourself giving advantage to oppositr party as to your malafide intensions of mental cruelity and harrasement which might  affect your maintenance cases or dv cases in near future....

4. wives have lot of weapons to torture you , you just have few, why not utilise them properly

Rama (NA)     14 July 2013

Hi Shriks,

   Thank you very much for your kind suggestion.. However I scared incase just to make a story she will tell to court that she want to join with me.. and now as she separated for more then 1 year, so her complaint many not be that much depth.. and if she will plan properly and she will join me, and gether some nasty thing and after sudden she will go back file number of cases.. Then at that time it may be difficult for me..

van you suggest me on this?


(Guest)

@ Rama,


In your case following things can be done:


1. As you have filled RCR and she is not appearing make some more efforts and if again she is absent make her ex partee by requesting the judge that its too long and we have sent so may notices to appear but she is absent.


2. Once the decree is in your favour wait for 1 year for reunion,if she again fails to join you then you will get divorce.


Other part of your case if you don't want to live with her:


Play mind game,Dont withraw RCR,Tell your lawyer to file the amendment application citing the recent development in your case as you are getting threats from father and your wife is also not wishing to join you after several attempts,due to facts and circumstances now I dont want to live with her,Ask the permission from judge to amend this pettion to Divorce or withraw this RCR and file fresh divorce pettion giving each and every details of your marriage,what happened,what was the reason for seeking divorce etc.(It's the matter of convince and argument,so hire a loyal and good lawyer).


Regards,

A sufferer....


1 Like

Singha Rao (Engineer)     14 July 2013

Experts please suggest in this query.. thanks..


Rama (NA)     14 July 2013

Dear Sufferer Sir,

  Thank you for your valuable suggestions.

1. As you have filled RCR and she is not appearing make some more efforts and if again she is absent make her ex partee by requesting the judge that its too long and we have sent so may notices to appear but she is absent.

Reply: Yes that's what I am also thinking and making line up accordingly.. But fortunately in case she will not appear then it will work nice..

2. Once the decree is in your favour wait for 1 year for reunion,if she again fails to join you then you will get divorce.

Reply: So in case RCR in my favour and I will get exparty.. But after experty, during this 1 year cooling period, incase she will turn can again request to court from her side for renuion? In such case what shall do?


Other part of your case if you don't want to live with her:


Play mind game,Dont withraw RCR,Tell your lawyer to file the amendment application citing the recent development in your case as you are getting threats from father and your wife is also not wishing to join you after several attempts,due to facts and circumstances now I dont want to live with her,Ask the permission from judge to amend this pettion to Divorce or withraw this RCR and file fresh divorce pettion giving each and every details of your marriage,what happened,what was the reason for seeking divorce etc.(It's the matter of convince and argument,so hire a loyal and good lawyer).


Reply:  Right now one hearing date over, where she did not appeared.. But the threatening letter comes in between the my RCR filing date and between 1 st date..After that my advocate  sent another second letter already.. SO my question is that, in case she will appear in second or third date and she will show interest to court to join with me.. After that can I turn and as you suggest that, I will request to court that altough I filed RCR but after such few things really depressed me and I don't want to continue such relation.. Can I do that?

Thank you in advance..


(Guest)

Dear Rama,


Better write an amendment application citing threats and cruelity of your wife done earleir and after filling RCR too indulge her father threats also accompanied by your wife and file one amendment application before judge too add his opinion what to do as now you are not in such stage to kep her anymore.The judge will accept your ammendment pettion or will reject it.If accepted go with that or else file fresh divorce pettion citing each details from starting.


The better thing is that as before withrawl of rcr ,you have taken permission from judge.So once your counter advocate will appeal against your RCR earlier filed by you then you can justify by the judge statement to file fresh divorce pettion.So.no further contradiction why RCR and then why divorce after that.


Note: You have to file either of amendment or divorce pettion before her coming appearnace.So do fast consult your lawyer.

 

ONE MORE THING THANKING ON THIS FORUM IS DONE BY HITTING THUMS UP BUTTON........lolzz

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