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swati   24 November 2015

Rcr

Dear Members,

I married to my colleague, initially we had a very good relationship. Our marriage was against his family’s choice, so later consequences started because of his family’s influence. He started physically torturing me, abusing my family and demanded money from my father. I ignored all for the sake of my married life.

We were living a miserable life (Living alone, without family), then suddenly he left me alone. He never came to house where we were living and never picked up my calls. His family ignored me.

I tried my best for one year but he never came back. I though he will understand the importance of married life, so I dint put up any case for what he did. Tried my best through common friend, but no response. But now I got to know that he is living with some other girl, but I can’t prove it in court.

Now after one year he has filed RCR against me. I can’t trust him anymore, as he is living with another girl and will do the same thing to me again.

I want to teach him lesson for what he did to me. But because of my fault, he has upper hand in court by filing RCR and  if I file a case (Harassment) against him after 1 year will my case be strong?

Thank you



Learning

 7 Replies

Adv. Yogen Kakade (+ 91 9225510883)     24 November 2015

Hi,

If the facts of the case mentioned by you are true and correct then you can certainly go against him.. no need to worry.. 

As you have mentioned that your husband has tortured you and harassed you along with your family then these grounds are enough to go against him.. but we have to prove those things in the court with justified evidence and witnesses.

If he is staying with some other girl.. then it's a serious offence.. and he should be punished for the same.

Be bold.. have guts and go ahead.. get a good lawyer.. collect evidences.. and shoot..

All the best.

Adv. Yogen P. Kakade,

020-65248888

juryconincorporation@gmail.com
www.juryconn.in  

 

swati   24 November 2015

Dear Sir,

Thank You for your email.

Yes I can fight for my right. But, first I do not have valid prove against him No emails or photographs (As I tried through common friends and calls which were ignored). Secondly, he has filed RCR against me, which has made his upper hand.

I want to explore all the possibilities before going to court and want to know that if I file case against him, it might be taken as afterthought, will this weaken my case or not?

Srinivasan (IT)     24 November 2015

As yu dont have any evidances by mere alligations will not stand at all. so plan every thing and accept his RCR and collect as much as evidances then start your battle with the help of a lawyer.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 November 2015

Dear Swati

As you know he is living with another girl and for his safeguard he filed RCR, appear before the court and ready to live with him, when court pass an order for your living with him he will withdraw the case or imposed any conditions on you and then you may raise your voice before the court that there is no intention of RCR by him but this case is only harassment to you.

Apart from this that girl will also create problems in his life because she also don't want to join you with him and this is only a trap to get divorce from you after getting RCR decree in his favour.

 

Feel Free to Call

Nitish Banka (lawyer)     24 November 2015

Dear Swati,

you may contest RCR on the grounds of cruenty, since there is continous cruelty and you must corraborate your case with cognent evidence to prove cruelty and defeat RCR other remedies like 498a DV maintainence are also available.

Thanks & Regards,

Nitish Banka

9891549997


(Guest)
Originally posted by : swati
Dear Members,

I married to my colleague, initially we had a very good relationship. Our marriage was against his family’s choice, so later consequences started because of his family’s influence. He started physically torturing me, abusing my family and demanded money from my father. I ignored all for the sake of my married life.

We were living a miserable life (Living alone, without family), then suddenly he left me alone. He never came to house where we were living and never picked up my calls. His family ignored me.

I tried my best for one year but he never came back. I though he will understand the importance of married life, so I dint put up any case for what he did. Tried my best through common friend, but no response. But now I got to know that he is living with some other girl, but I can’t prove it in court.

Now after one year he has filed RCR against me. I can’t trust him anymore, as he is living with another girl and will do the same thing to me again.

I want to teach him lesson for what he did to me. But because of my fault, he has upper hand in court by filing RCR and  if I file a case (Harassment) against him after 1 year will my case be strong?

Thank you

Word of advice for you is, you have already lost time of 1 year or so by now.  He has moved on.  He filing RCR is just eye wash, eventually RCR will also be decided in next 2 years, you may just file some maintenance application asking alimony in same family court where he applied RCR.  Or you can go ahead and file divorce without losing some more time.

Forget teaching lesson, life is too short to teach lessons, you will end up learning few instead.

 

I advice you to talk to him and ask him to give mutual divorce consent, as nobody can force nobody legally or illegally to stay together, married or otherwise.  Each decision should be taken by agreement and not by coercion.

b.goheel   26 November 2015

assuming u must hv replied to petition of rcr.
u may forget to inform expert abt wht is the advice of ur ld. advocate.
advice of ld advocate may give better picture of prevailed situations to expert..


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