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(Guest)

Need your valuable suggestion on rcr & divorce petttion

dear experts,

Do Divorce could be filled after RCR if the pettitioner doesnt want to keep his wife after the RCR is filled due to mental cruelity of the wife done earlier and after the RCR too.Even though the RCR case is pending.

I have the following queries plzz help me out:

1. Due to the lawyers advice i have filled RCR due to the prior protection of 498a from wife.(but i was against from the begining of rcr as i was not willing to live with such wicked lady).


2. Now the situation becomes so tense that my life is in danger to live with her and she is making conspiracies with her criminal minded family to acquire properties and money from me(all properties belong to my mothers name,so they have threatned my mother also).


3. So by seeing this i have told my lawyer to fill divorce case but he told me that prior to 1 year we can not fill divorce case instead of that he filled amendment pettition by sec-6,rule 17 to convert this rcr into divorce by giving above cited developments of mental cruelty and threat by the girls family.(it is also pending,as no notice or hearing has been held so far).

4. What can be done now as i need divorce from her,Do i have to fill fresh divorce pettition without withdrawing the earleir rcr and amendment petition? or i have to withraw all and fill fresh divorce petition?

 

NOTE: 1.I have several complaint receieving letters from police station with seal and their signature

2.I have a receiving letter of human rights commision also regarding threats and conspiracies done by wife and her family.

3.I have informatory pettition also given by me to cjm court  at initial stage of this happening.


PLZ Give me valuable suggestion as what to do now when i dont want to live with her



Learning

 14 Replies

prakharved (Medical officer)     04 July 2013

@sufferer

 

When had the RCR been filed by you? Is your wife willing to come back and live with you. Never show that even thoug you have filed an RCR, you do ot want to live with her. This will only backfire if the wife now intends to came and stay with you. You should therefore be careful in that respect. A divorce can only be filed when a decision is taken on the RCR. If the wife intends to start staying with you, which you do not want, introduce conditions on the RCR for her to start staying back with you. They can be like Apologize publicly in newspaper for the for causing you mental pain and social stigma. 

Has any case been filed from their side upto now?

 

Regards


(Guest)

Dear prakharved & experts,

RCR has been filled only for the precaution of 498a as suggested by lawyer even though Iam relucatant to live with her.At any cost I dont want to live with her due to such mental trauma and threats from her and her family members.She had suck my life.So i was from very begining against RCR but due to the dull lawyer as he filled RCR and after that a amendment  pettition by sec-6 rule-17 for converting RCR into divorce.

RCR filled in first week of may

Ammendment for divorce filled in mid of may.(after the situation become so tensed)


Now plz suggest me what to do??????


(Guest)

If you want to file for divorce within 1 year of marriage. following is the procedure.

 

13B.    Divorce by mutual consent

 

 

(1)       Subject to the provision of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together,whether such marriage was solemnized before or after the commencement of Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2)       On the  motion of both the parties made not earlier  than six months after  the date of presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being  satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has  been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree]

 

 

 

 

14        No petition for divorce to be presented within one year of marriage

(1)       Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:

PROVIDED that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 1[before one year has elapsed] since the  date of marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of respondent, but if it appears to the court at the hearing of the  petition that the petition obtained leave to present the petition by any mis- representation or concealment of the nature of the  case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[ expiry of one year] from the date of the  marriage or may dismiss the petition without prejudice to any petition which may be brought after1[expiration of the said one year] upon the  same or substantially the same facts as those alleged in support of the petition so dismissed.

(2)       In disposing of any application under this section for leave to present a petition for divorce before the 1[ expiration of one year] from the date of the marriage,  the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between   the parties before the expiration  of the 1[said one year].

Adv Archana Deshmukh (Practicing Advocate)     04 July 2013

@ Sufferer,

 

Let the court pass order on your amendment application and then decide what to do. If the court allows your amendment application then, continue with the same petition and if the court rejects it, the withdraw the RCR and file fresh divorce petition on the ground of cruelty.

1 Like

(Guest)

@ Adv. archana thanks alot for your reply.

But i do have some queries:

1.what will be the benefit to keep this rcr amendment pettition if it is in dillema weather accepted by court or not?

 

2.Do I have advantage of complaint letters given to cjm,ssp,human rights commision and police station in my divorce and maintainance if yes then how?

 

3.How much time generally takes to finish this type of divorce cases where wife and their family members are of criminal minded and living with her is next to immpossible?

Adv Archana Deshmukh (Practicing Advocate)     04 July 2013

 

1.what will be the benefit to keep this rcr amendment pettition if it is in dillema weather accepted by court or not?

Most probably the court will accept it if it is properly drafted and well argued.


 

2.Do I have advantage of complaint letters given to cjm,ssp,human rights commision and police station in my divorce and maintainance if yes then how?

Yes if would be helpful and as to how, it depends upon facts and circumstances. 

 


3.How much time generally takes to finish this type of divorce cases where wife and their family members are of criminal minded and living with her is next to immpossible?

Again it differs from case to case.. some cases end soon and others run for years together. It depends upon how much the parties are willing to contest and how fast their advocates persue the case to end it all soon. The cases can go upto the SC or even can be compromised in some months, so it all depends upon parties to the litigations. If your wife and in-laws are doing this merely to harrass you then, they can continue the cases for years,  and in such cases you and your advocate needs to stay very vegilant during the proceedings.
1 Like

(Guest)

dear experts,

 

The girl side are harassing me like anything inspite of giving several complaints to police station.They are annonimously calling from different different no. and tracing my activities.Iam fed from this.Even they want to enetr forcefully into my house.

 

Plz tell me what to do nw as I dnt want to live with her?

Harsh (Manager)     06 July 2013

you can file for Divorce within a year citing EXCEPTIONAL HARDSHIP under section 14 I think; it is possible.

Do whatever, but get your petition admitted in the court. Let the judge dismiss it, but get it admitted first and take certified copy of it. It WILL help you.

1 Like

(Guest)

Dear Harsh which pettition you are talking about amendment or divorce?

 

What will be the benefit if judge reject it?

 

And what about certified copy ,how to get it and what will be its advantage?

Harsh (Manager)     06 July 2013

I meant, even if judge rejects your petition it is ok. there is no benefit if he rejects. But get your petition admitted in court first. the benefit is in FILING your petition.

after successful amendment your RCR will become a divorce petition,  basically whether it is amendment of RCR or a fresh divorce petitoin  - it doesnt matter. But there should bea divorce petition by you in court. check your PM.

your lawyer should help you.


(Guest)

Dear harsh plz check your PM.

 

Thanks,


(Guest)

Dear Archana mam & other experts and victims,

Kindly give suggestion on following doubts as i shall be very thankfull to you,

1.Iam in cross mode in choosing wether to continue with RCR amendment (request to converti nto divorce) or file fresh divorce citing every details of mental cruelity.(plz tell me the pros and cons of both?

2. If i go with amendment and judge cancel it then what will happen,do i have to go with the basic RCR that was filled or RCR will be automatically cancelled?(as i dont want to keep her at anymore)

3.If amendment accepted -can i add further all the ponts of mental cruelities with dates and events in future as my lawyer has not added every points in amendment from starting.Do it will drag the case and show negativity in my case?

4.If amendment accepted can it will be useful in prevention in getting AB and tackling 498a,dv case or 125,24 or vice versa if divorce case been filed by me?


5.Do rejection of divorce petition within one year add any negative impact for the pettitioner in future if he again files the divorce after 1 year of marraige.?

6. What is the duration of filling void marriage under sec5 ,2,a , ii(on fraud and matterial facts)?

 



Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

1.Iam in cross mode in choosing wether to continue with RCR amendment (request to converti nto divorce) or file fresh divorce citing every details of mental cruelity.(plz tell me the pros and cons of both?

That is your choice. Depending upon how properly the present case is drafted and the facts and overall circumstances such decisions should to be taken.

 

2. If i go with amendment and judge cancel it then what will happen,do i have to go with the basic RCR that was filled or RCR will be automatically cancelled?(as i dont want to keep her at anymore)

RCR won’t get automatically cancelled. However, you can withdraw RCR.

3.If amendment accepted -can i add further all the ponts of mental cruelities with dates and events in future as my lawyer has not added every points in amendment from starting.Do it will drag the case and show negativity in my case?

You should have put everything in the amendment application itself. If the earlier drafting is poor then, withdraw the RCR  and file a fresh  divorce petition.

4.If amendment accepted can it will be useful in prevention in getting AB and tackling 498a,dv case or 125,24 or vice versa if divorce case been filed by me?

 It all depends upon facts and circumstances, no general reply is possible.  However,  all these cases are different but do affect eachother.


5.Do rejection of divorce petition wthin one year add any negative impact for the pettitioner in future if he again files the divorce after 1 year of marraige.?

No.

 

6. What is the duration of filling void marriage under sec5 ,2,a , ii(on fraud and matterial facts)?

Annulment on the ground of fraud should be filed within one year of discovery  of fraud u/s 12 HMA.

 

 

 

1 Like

(Guest)

@  archana mam thanks for clearing my doubts.


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