LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

chander mohan (ASI)     17 September 2014

RCR

Sir I intend to know the followong :- 1) Benefit of filing RCR. 2) Will RCR decree help in later stage or its useless. 3) Is it real that if one get RCR decree, maintenance will not be granted to wife. 4) Kindly tell me why one should/should not file RCR.


Learning

 7 Replies

Tajobsindia (Senior Partner )     18 September 2014

@  Author,


1. 
Benefit of filing RCR.
Take: You show in Civil cases your intention to maintain matrimony - marriage. Bail proceedings it helps as one of the argument among other merit prayers.

2. Will RCR decree help in later stage or it is useless.
Take: If you win RCR Decree and Execute it and wife does not return back to matrimony then you are eligible for divorce without further question asked. A RCR also helps in countering maintenance claims or winning a S. 125 CrPC case of maintenance if she files in the meanwhile against you.

3. Is it real that if one get RCR decree, maintenance will not be granted to wife.
Take: Yes, only under S. 125 CrPC laws and not under other civil maintenance Laws. 

4. Kindly tell me why one should/should not file RCR.
Take: Are above three Takes do not tell just enough on merits of winning a RCR in husband’s favor?  One should not file RCR if he does not believe in marriage and is not interested to see his (alleged to be deserted) wife returning back to her matrimonial home otherwise it is seen by Court as ‘doubt’ upon intentions of husband and then rest of her case builds up around just created ‘doubt’. It is also seen that in absence of any first move by wife if husband without reading, recalling hint(s) of his wife’s mind files RCR then wife – her side of advisers retaliate with DV Case and or S. 498a / S. 406 IPC Case along with few maintenance cases too. This is so because I feel metro wife wanted her husband to have first sought her permission to file a case upon her OR wanted him to have begged of good behavior always on her terms OR wanted husband to have financially supported her natal home people especially her retired father or lumping brother OR wanted him to be her lapdog forever otherwise I do not see of any other reason why any metro wife retaliates once a husband files RCR !!!


So first sit down with peace and with bliss - light a candle - put on some earth music and now recall your wife’s moods - actions in her bad days while living under same roof with you - your side of family members (offcourse you cannot expect me to guess her moods would you have allowed me to do so?) and then toss up a Coin to know which way she will act - react and then only you act by instituting a RCR case  is sum up of your query according to me.


For rest eGyan you can very well being educated search past discussions on RCR here in this very forum and make an informed cause of action, i.e. choice of first case against once wife accordingly.


[Last reply]

Sudhir Kumar, Advocate (Advocate)     18 September 2014

RCR is tested tool to provoke wife to file 498a case and you got it as mentioned in

https://www.lawyersclubindia.com/experts/quantum-of-punishment-in-498-a-497646.asp


and in

https://www.lawyersclubindia.com/forum/498a-109368.asp#.VBqW5FeO5G0

Sudhir Kumar, Advocate (Advocate)     18 September 2014

repeated

 

https://www.lawyersclubindia.com/experts/is-rcr-beneficial-497656.asp

jack (nothing)     19 September 2014

Hi, due to her personal reasons my wife left the house after 4 months marriage. After I have sent a normal lawyer notice to my wife but I did not recive response from her. After 5 months I have filed RCR soon after she filed 498a,DP3and 4,Cr125.also she filed a transfer Petetion in HC for RCR.can some one let me know what do u want me to do? Now I am not interested to take her back.can I with draw RCR or fight for not to transfer?if transfer happen then with draw? I need experts help on RCR.

jack (nothing)     23 September 2014

Because of my RCR , AB got dismissed . Judge clearly mentioned saying it looks Petetioner might have harassed and calling back. Is it a ground for dismiss?

Sudhir Kumar, Advocate (Advocate)     15 October 2014

Originally posted by : jack
Because of my RCR , AB got dismissed . Judge clearly mentioned saying it looks Petetioner might have harassed and calling back. Is it a ground for dismiss?

If you feel order is not justified you can challnge the same.

Sudhir Kumar, Advocate (Advocate)     15 October 2014

Originally posted by : jack
Hi, due to her personal reasons my wife left the house after 4 months marriage. After I have sent a normal lawyer notice to my wife but I did not recive response from her. After 5 months I have filed RCR soon after she filed 498a,DP3and 4,Cr125.also she filed a transfer Petetion in HC for RCR.can some one let me know what do u want me to do? Now I am not interested to take her back.can I with draw RCR or fight for not to transfer?if transfer happen then with draw? I need experts help on RCR.

as stated above.  I repeated


RCR is tested tool to provoke wife to file 498a case and you got it


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register