Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Prayer for response to rcr

Dear All,

 

Wife has filled RCR petitioner and alleged domestic violence, causing miscarraige and other trivialities.

 

Husband has rebutted all charges and posses proofs  if it comes to evidence stage . He is putting his own allegations but at the end he want to say followings in his prayer. 

 

"It is therefore prayed that  if respondent is ready to take back all wrong allegations including ones pointed out  above and in petitioner’s previous submission to the court, and is ready to undergo psychiatric evaluation and treatment,  and becomes mentally healthy and  generates confidence in petitioner that she is not going to misuse the law and drag him or his family in false cases, respondent is welcome to join the petitioner. If not then your honor be pleased to disallow the petition for restitution of conjugal life and allow the petition of divorce and other prayers of applicant. "

 

Can you  guru please check whether the prayer is recommendable?. Is there any potential harm he will have in his divorce petition.?

 



Learning

 4 Replies

Ravinder Kumar (Account Director)     09 August 2011

@Owner: Though I am not a Pro, but I certainly liked your point and yes it will also help you in your divorce case if you go for it in future..

Best of luck..


(Guest)
Thanks Ravinder for your response. Other experts, can you please give you opinion?

chandra mohan (power)     10 August 2011

wonderful lines added. It will help we all who are sufferers of these wrong allegation. thanks dear.

Carlisle Collins (Samaritan)     12 May 2012

Unless I’m misinterpreting the language, I don't think CrPCSection340 is applicable here to file Contempt proceedings against the court's record keeping staff:

Thru’ a cursory reading of CrPC 340, one is advised that “an application made to it in this behalf or otherwise …” is tenable. BUT there is a conditional reference to CrPC 195 here: “ … No Court shall take cognizance …… except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate …”. Now, which half-brain public servant is willing to be a witness against himself?

I would base my complaint on my binding obligation per CrPC Section 39 (Public to give information of certain offences….). Of course, I could be wrong … but this wouldn’t be the first time ….


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register