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chandermohan (proprieter)     09 June 2012

Need urgent help

Dear Members,

                         I had filled RCR in court to bring back my wife from her parents house as she left her matrimonial house 6 Months ago as we had a smmal fight and i dont want to give her divorce as chid will suffer and i love my wife a lot. Then after she filled Fir in Police Station were both the parties were called and Police convinced both of us and my wife agreed to come back after 3 to 4 days and took back her complaint. But latter she dennied to come back. After that we had a family meeting were my wife and her parents and sisters came and there also she agreed to come back after 3 to 4 days but latter denied. At last she demanded that when i will leave my widow mother and take a separate house then only she will come back for which i dennied to take a separate house as it is not humman to leave my mother at evening of her life as she took care of me and my 2 sister on her own as my father expired 22 years back. My both sisters are married and well setteled in their houses. Now if my wife refuses to come back in the course of RCR then how can i bring back her and my 78 months old daughter. They dont even allow me to meet my daughter. Can some one tell me that wether she can file wrong charges of dowry and domestic voilance against me and my mother, but i have recording of her and her sister that u take a separate house then only i will come, will this help. How can i meet my Daughter as i think i have also equal right to meet and see my Daughter. Still appearence in court is to happen but summon has been issued and my wife must have recd. One more thing in FIR filled by my wife dowry torture was not mentioned will this help if they file a dowry case against me. Please give ur kind advice. Waiting for ur eager reply.

Thanks & Regards

Vivek Malhotra



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 June 2012

let her appear in the case and file her objections.  Ther will be a conciliation stage in the court. True facts you submit before the judge in the conciliation stage, see what will happen.  Even if reconciliation is failed then you file a petiton under guardian and wardship act seeking the custody of the child.

chandermohan (proprieter)     09 June 2012

Thanks sir for ur advice. If RCR will not help to bring back then what for RCR is. Kindly Reply

chandermohan (proprieter)     09 June 2012

Thanks for the reply. Will the recording i am having in which my wife is demanding that i should leave my mother and live in a separate house will help in the court if she attack me with dowry and D.V. charges.

Thanks and REgards

Anjuru Chandra Sekhar (Advocate )     10 June 2012

You can move an interim application in the same petition of RCR that you have filed seeking child custody or visitation rights under S.26 of HMA. File the evidence of your wife's voice recording which says that she will come and join you if you come out of house to form a separate family, in Family court to pre-empt her from filing false cases. Humbly submit to the court that you are neither in a position to leave your mother who raised you facing all hardships in life, nor wealthy enough to sustain a separate family, just because your wife does not like her, hence justice be done by ordering an RCR in your favor. Make your case stronger in family court that will help you in other proceedings if any in other courts (to be) initiated by her. Remember it is indiscipline on the part of a wife to file a criminal case without replying to the proceedings in family court though it is allowed. Supposing, the Family court issues a judgment in your favor either exparte or on submissions made by your wife and trial court on the other hand in a criminal proceedings takes you on Trial, you can file a HC under S.482 to take into account the deviations and contradictions in these findings made by Family/Civil court and the Criminal court. Filing criminal case without filing objections to RCR petition respecting the summons issued by Family is indiscipline and may also be viewed as vindictive attitude by HC if you represent through a good advocate, he will be able to convince the HC on these lines. I say this because someone who has time to file a criminal case or criminal cases can as well have time to honor the summons issued by Family court and file written statement in the RCR. So don't be depressed, use it to best advantage in your pleadings if you had to face multiple proceedings. Be in the know that the pleadings made by either complainant/respondent in different courts shall be consistent with each other if they are not consistent you have a right to bring it to the notice of judges wherever needed. Advocates may not have time for it, or it may be that you may appoint different advocates for different cases, so keep a record of all cases with you and you yourself study and come to conclusion regarding contradictions, inconsistencies between different pleadings under different proceedings.
1 Like

chandermohan (proprieter)     11 June 2012

Thanks Sir for ur kind advice.I was little depressed but you have given me a lot of courage. Thanks again


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