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Reetika (Associate finance)     05 October 2010

RCR

My husband has filed a RCR against me. However I know this is more to save him from 498 which he thinks I may file against him and his family as they are already aware of what torture they have done to me. Whatever allegations he has mentioned on his RCR petition are all wrong but at the end he requested the court that he just wants his wife back w/o any conditions. I and my family are obviously upset over the wrong allegations he has made in his RCR but again we still want to give this relationship another chance and don’t take any action against him and his family but instead just ready to accept his RCR petition. Our next and 2nd hearing is after 15 days .Now my only apprehension is what will happen if the court will pass the decree in my husband’s favour? Once the decree will be passed in his favour and I will also give my consent to live with him, can he then come up in the court with any conditions to have me live with him, like if he can put the condition of me us shifting to his parent’s native place leaving our present address? And what about the wrong allegations he has charged against me in his RCR petition, what is the process of nullifying those once decree will be passed and we both will are ready to stay together? Also in case the decree will be passed in his favour, can he still file for divorce? Im worried coz per my lawyer he has filed RCR only to save him and his family for any action that we might take against them not because he wants to continue with this marriage but wants to prove the court a good picture of him. But my heart says to give him another chance as might be that my husband really wants to save this marriage. Please advice asap.

 



Learning

 31 Replies

Manoj Choudhary (Advocate)     05 October 2010

First of all you have to give reply in that petition filled by your husband. Whatever alligation he has put on, you have to deny all of them in your objection while replying to the court. secondly all courts favours girls. When you will disclose truth to the court the court will consider the same. If you still want to give him a chance then go on.

If you want format for reply or If you want further help, Mail me at advocate.manojchaudhary@gmail.com

adv. rajeev ( rajoo ) (practicing advocate)     05 October 2010

Once RCR is decreed it is not executable order.  And it is better to give one more chance to your husband

R.Ramachandran (Advocate)     05 October 2010

Dear Reetika,

Give in your reply to the RCR petition, what are the tortures that you underwent and which made you to leave the matrimonial home; which you are not ready to condone and are not in any manner condoning (ii) deny all the allegations against you contained in the RCR petition.  If in spite of this the court gives an order in favour of your husband (which you would not mind - since you also want to give him another chance), yet you would have achieved 2 things - that you would have brought on record the kind of tortures inflicted on you and having denied his allegations.  In future he cannot say that since you stayed with him under RCR, you have condoned the cruelty/torture.

Daksh (Student)     05 October 2010

Ms.Reetika,

I agree in toto what Mr.R.Ramachandran has said and would like to add that you should think objectively and instead of getting pressurized of what would happen try to nail the wrong in its bud.  If your conscience is clear think and act boldly and stop being an innnocent victim.  Let bygone be bygone and make a new beginning and by the grace of God everything be fine.  We all by and on behalf of LCI family pray to God all the very best for your prospective connubial bliss.

God bless

Best Regards

Daksh

Anonymous1 (fjslfj;)     05 October 2010

Hello Learnered people, When the wife deny's all the allegations, wouldnt the husband file back denying that whatever the wife has mentioned in her denial is wrong?? how would the case proceed then??

 


(Guest)

I totally agree with all my friends above and more particulrly the advice of Sh. R.Ramachandran.  You file a reply denying his false allegations and placing the harassment met by you in your matrimonial home and expressly saying that you have not condoned them.  You go along with your heart, which is saying that one more try has to be given to this relationship and put your best efforts to keep the relationship alive and pinprickles be plucked out.  Now, he might have filed this RCR only to avoid any criminal case against him.  I, even though being advocate, cannot understand that how RCR preempt the filing of criminal case.  It is, with humility, I say wrong advice he received from his counsel or from his advisor. He is not really interested to take you back and he filed RCR with malafide intentions.

Next date you file the RCR reply and also specifically mention that if any physical or mental harm would be caused against you in matrimonial home, your husband and in-laws shall be held fully accountable and get this statement of yours recorded before the court. That will keep them to behave with you decently in future, if they take you back.  If his intention is malafide, he would reject the offere extended by you and his RCR will be dismissed and he will not get any relief.

Wish you best of luck.

Daksh (Student)     05 October 2010

Dear Anonymous1,

When the Husband denies the rebuttal of the wife it is known as Rejoinder.  Thereafter the matter could be decided in the trial by adducing and proving the evidence before the court.

Best Regards

Daksh

Anonymous1 (fjslfj;)     05 October 2010

@Mr. Prabhakar,

 

What if the wife has malafide intentions to put the husband and in-laws in trouble?? my question is

 

--> Wife denies the allegations in the RCR

--> Expresses her wish to rejoin her husband (But has malafide intentions in mind)

--> comes back to matrimonial home, self implicates injury and puts the blame on the husband and in-laws.

 

Given that the above could also be possible, what kind of safeguards should husband take?

R.Ramachandran (Advocate)     05 October 2010

Dear Anonymous1,

We are client specific while answering the query.  We are not indulging in hypothesis. 

Anonymous1 (fjslfj;)     05 October 2010

Dear Mr. Ramachandran sir,

 

This is exactly the situation in my case now. I got to know from one of her relatives that she might come back as they dont have any strong reason to prove harrasement but will try to create such situations now (though we can not prove this nor their relative would come and testify in the court)....i am clueless on what needs to be done and very afraid about my safety and the safety of my family members ( we are in an joint family along with my brother and sister-in-law)

Kiran (Consultant)     05 October 2010

Dear Anonymous1,

You have asked a right question which is the scenario in most of the cases ( I am NOT saying that the author of this post may also have these kind of malafide intentions).

Dera LCI memmers,

Could any learned exprets adivise regarding the questions asked by Anonymous1?

Regards

Kiran

Anonymous1 (fjslfj;)     05 October 2010

Dear Kiran,

 

Pls dont get me wrong. I never even intended to touch the integity of the author. I just wanted to discuss this topic end to end and understand both sides of the coin.


(Guest)

If the petitioner is filing RCR, the petitioner is saying two things to court - 1.  The respondent left the society of the petitioner without reasonable cause. 2.  The petitioner is willing to live with the respondent and hence seeks return of the respondent.  If the respondent says that he/she has a good reason to leave the society of the petitioner, even then willing to co-habit again, the petitioner should have no reservations of spouse's return.  If the petitioner has such reservations that the respondent may come back again with malafide intentions, at the first place, the petitioner should not file the RCR petition.

But what happens is, there are some people who give bad advice.  When the petitioner actually wants divorce and the petitioner does not have grounds for divorce, he is advised to file RCR.  The petitioner is advised to get favourable decree in RCR, wait for one year and get divorce decree on the ground of non-implementation of RCR decree.  In some other instances, petitioner is advised to file RCR to avoid S.125 maintenance claim or to pre-empt Section 498-A.  How filing RCR helps in these circumstances, only those people who give such advises brazenly, can explain.  It is beyond my capacity.

What I suggest is, if at all to file,  file either RCR or divorce petition with bonafide intentions, depending upon the relief you want.  If you do not want your spouse to come back, do not file RCR.  Otherwise it will back fire.

I hope I am clear.  

1 Like

Reetika (Associate finance)     05 October 2010

Thanks Manoj Sir, Mr. Ramachandran, Kiranji and Daksh for your valuable advice. I don’t have words to express my gratitude.

I too agree with whatever you all have told me.

So describing more to my situation, I came back to my husband’s home about one month back after staying apart for about 1 month. The reasons for leaving his home were the mental and physical torture he and his family gave me. However, me and my family were in a impression that by staying apart , if not his family than at least my husband will think of what bad he has done to me, will recognize my importance in his life and will regret and will come to me apologizing and everything will be smoothen again. However, I waited for good 1 month but nor my husband and neither his parents tried contacting me, my husband never made a single call to me to know about my whereabouts. However after waiting for 1 month, I thought if he is still not ready to take initiative, let me take the same at my end and go back home and talk to my husband so that we can save this relationship. I did the same and came back home about 25 days back. However, to my surprise, my husband was not ready to take me in but when I requested he opened the door but told me that we can not stay together as he has already filed  case in court and until the decree is passed I can not come back to his home. I denied it saying that I m not going anywhere and since this is my home too, I will stay here only and I have come back to give this relationship another chance. He called his father (his parents stay in other city) and I don’t know what did he told my husband, he got ready for office and left. I work in night shifts and in evening I too left home for my office. The next day when I came back in morning around 6am, to my surprise , my husband was not there, he left home taking all his clothes, documents, shoes, his bike and my car too (which my mother gave me in my marriage and car is in my name). I tried calling my husband there and then but he didn’t pickup my phone nor my relative’s call. The second day when my uncle called him from an unknown #, he picked the call, my uncle asked him why has he left home taking all the stuff with him and that too without letting his wife know. To this he replied that he has filed case in court about 20 days back (when I was not at home) to get his wife back. He made my uncle understand that it’s just a legal formality to make sure our relationship will go smooth in future. My uncle who doesn’t have much knowledge about legal issues, trusted him and asked him to send a copy to us of the legal notice so that we could also see what all my husband has filed in court. He within an hour mailed the RCR copy at my ID and we all read it and me and my relatives were surprised and upset over the allegations he had made in the RCR notice. He stated that my mother has not given anything in my marriage , nor his family has demanded anything, marriage was a very simple function (although my mother who is  a widow has spent around 19 lakhs on my marriage and we have all valid proofs for it including snaps and bills). Also he mentioned on his petition that his parents have gifted me jewelry and clothes worth Rs. 4 lakh (which is gain totally untrue) and I have left home taking all these items with me w/o informing my husband and his parents. However the truth is all my jewellery which my mother gave me and also which my in-laws gave me in marriage are at my in-laws custody since day one of my marriage. Also, he mentioned that he and his family tried contacting me many times to make me come back home but I refused to come back home (this is again not a truth).But to paint his good picture, at the end he has requested in his petition that he wants his wife to come back.

He informed about filing RCR just about 1 week prior we had hearing in cort. Me and my family members were surprised about this thing as well. However, we hired an advocate so that we can reply back on his RCR notice but since we still wanted to save this marriage and me and my mother still believe that whatever my husband has done and is doing is all because of his parents and they are the main culprits behind my sufferings and spoiling my marriage.

Our advocate made a very good reply to his notice denying all the allegations on my behalf but also mentioning that irrespective of all this happened to me, I still want to give this marriage and my husband another chance and want to live with him.

Now after one week when the day of hearing arrived, me, my mother and my uncles were present at the court but from my husbands side, it was only his advocate and his father, my husband didn’t come that day. The judge asked the first question to his advocate if they want to save this marriage to which his father replied yes but his advocate pinpointed that his client wants to save the marriage but not the girl to which my advocate replied there and then that girl is already at her husband’s home but husband himself has left the home and also has filed RCR against his wife. To which the judge was obviously surprised and told both the parties that he wants to meet me and my husband in the next hearing which is after 10 days and he thinks there is nothing much in this case as both the parties want to live together. Also he asked my lawyer that he need not to give the reply on the RCR petition as this case seems to be solved already. So my lawyer on Judge’s instruction didn’t file our reply to my husband’s petition.

Now my concern is what will happen after 10 days when we will have the hearing in court? How can judge that my husband’s intentions are really good and he also wants to keep this relationship?


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