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snk (worker)     14 October 2014

Possible actions the estranged could take after winning RCR

 Husband has filed for divorce based on mental illness of wife and also on cruelty grounds. It is a contested case and she filed RCR. Since both these grounds mayn’t be possible to prove in court or tough to prove in court in spite of having many evidences, I want to know in-case if the case goes in her favor, then what are consequences the husband need to face? The husband doesn't want to live with her anymore and at any cost. But wife is not ready for settlement or MCD. My Question is after getting the RCR in her favor what are the steps she could take to harass the husband? 



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 3 Replies

Tajobsindia (Senior Partner )     14 October 2014

@ Author,

 

1. If Husband has filed divorce under S. 13 (1) (ia) (ib) HMA and Wife has filed S. 9 HMA and ld. Court sees not enough material evidence in favour of husband then it will dismiss the case relief prayer of husband and then proceed on granting relief prayer of wife.

 

2. Now once case of Husband is dismissed and subsequently wife case is upheld then she has provision to Execute restitution/cohabitation decree on Husband. Husband can choose not to restitute/cohabit with his wife then no court can force husband but wife as well as husband has one more remedy and that is invoke S. 13 (1) (1A) HMA and seek 'divorce'. The time limit to invoke this provision is one year and/or without much reasonable delay r/w adjudicating question of 'civil wrongs' by either party to this provision while granting 'divorce'.



3.
While with pleadings of parties in their respective cases she could come out to be winner of Civil award under say S. 9 HMA but, I do not think she could so called ‘harass’ you by invoking say ‘criminal family laws’ as these Laws are based on strict proof of ‘criminal wrongs’ and a husband by not cohabitating with his wife post S. 9 HMA decree in her favor (or for a matter of fact in either persons favor) does not falls under ‘criminal wrongsper se is my view but surely it is ‘mental cruelty’ as in ‘civil wrongsper se.

 

[Last reply]

 

 

fighting back (exec)     15 October 2014

 but wife as well as husband has one more remedy and that is invoke S. 13 (1) (1A) HMA and seek 'divorce'. The time limit to invoke this provision is one year and/or without much reasonable delay r/w adjudicating question of 'civil wrongs' by either party to this provision while granting 'divorce'.

@tajobs..........but in this case, the husband has already filed for divorce, so how can he possibly file it after 1 year again. in this case, willl his divorce petition continue after a year?

snk (worker)     15 October 2014

Thanks for the reply. 

In the RCR petition she has pleaded to live together only as if she is a savithri/pathiviratha. But she filed the MC and Interim maintanance cases separately and when I contested it, she herself withdrawn both the cases since she is working and capable of maintaining herself. apart from these 2 cases she also lodged police complaints in 4 different police stations one after another and all were in vain since I got the A.Bail. Later she tried her luck by complaining to women's welfare officer also and the case didn't proceeded much there as well. Since she has almost used all her weapons, now will she be able to again initiate the same cases again? is is possible? 

Since the trail is going to begin for my main divorce and RCR cases, I wanted to know any precautions which I can take or anticipate anything?

Both she and her parents also know very well that the reunion is not possible. but they are contesting the case very vigorously. what is her intention. I am not able to understand what is actually she need? Any ideas? Every time in the court or to my lawyer they say that money is not their intention voluntarily. but their actions are different.... really confused with that psycho behavior....

Please suggest me and guide me...


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