Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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prasanthivasu.n (accounts executive)     07 January 2014

Rcr and divorce

I got married 9 years back and I had purchased a flat in my name before marriage with a home loan. My husband and in-laws started troubling me to sell the flat and purchase a new flat in my husband name. To which I did not agree and after all the trouble 5 years back I got pregnant with my son and when I was 5 months in to the pregnancy my husband and in-laws started nagging me. I was very adamant that I will not sell the flat. When I was pregnant my husband and in-laws started scolding me initially and one day my husband beat me black and blue. I was bruised badly and I telephoned my father to take me to my home. My father threatened them with a police complaint and everyone left my flat on the same night.

I filed for a divorce in Madras high court and I could not follow up the case as I could not get leave from my office and caring for the baby was difficult for me. I had to manage my personal leave for the sick days of my child. My husband then has got restitution of conjugal rights.

The case was reopened by my lawyer and the Judge was on leave for 6 months. The case was a passed over to another judge. The case is continuing for past 6 to 7 months but no judgement till date. I don't want any maintanance for me or for my child(My husband has not seen my kid till date) . I don't think I can get more leave from my office. My dad spoke to my husband's Uncle and they said they will not give Mutual divorce for me and If I wanted divorce I can go ahead and apply for one based on the fact that we have not lived together for past 5 years. Now my husband is jobless for past one year and their family want me to support him and take him back. I don't want to support him at any cost as I have gone through many humiliation by being a single lady from this society.

 It was my mistake I could not go to court on a regular basis for the hearings. I have gone today to restore my divorce by filing a condone delay. I want to get out this marriage now as I don't want to give any hopes to my husband family that I will take him back. 

Kindly advice what repurcussion will RCR passed in my husband favour will have on my divorce application.

Will I have to give custody of my child now he is 5 years to my husband if he files for one. My lawyer want to file for maintanance for my minor son from my husband as she says it will only make him come down for divorce but I don't want any maintanance or alimony. She also said she can do a power of attorney to represent my dad in family court in my absence. I'm confused and need some help here whether POA is possible in family court. 



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 3 Replies

ashoksrivastava (scientist)     07 January 2014

Originally posted by : prasanthivasu.n



I got married 9 years back and I had purchased a flat in my name before marriage with a home loan. My husband and in-laws started troubling me to sell the flat and purchase a new flat in my husband name. To which I did not agree and after all the trouble 5 years back I got pregnant with my son and when I was 5 months in to the pregnancy my husband and in-laws started nagging me. I was very adamant that I will not sell the flat. When I was pregnant my husband and in-laws started scolding me initially and one day my husband beat me black and blue. I was bruised badly and I telephoned my father to take me to my home. My father threatened them with a police complaint and everyone left my flat on the same night.

I filed for a divorce in Madras high court and I could not follow up the case as I could not get leave from my office and caring for the baby was difficult for me. I had to manage my personal leave for the sick days of my child. My husband then has got restitution of conjugal rights.

The case was reopened by my lawyer and the Judge was on leave for 6 months. The case was a passed over to another judge. The case is continuing for past 6 to 7 months but no judgement till date. I don't want any maintanance for me or for my child(My husband has not seen my kid till date) . I don't think I can get more leave from my office. My dad spoke to my husband's Uncle and they said they will not give Mutual divorce for me and If I wanted divorce I can go ahead and apply for one based on the fact that we have not lived together for past 5 years. Now my husband is jobless for past one year and their family want me to support him and take him back. I don't want to support him at any cost as I have gone through many humiliation by being a single lady from this society.

 It was my mistake I could not go to court on a regular basis for the hearings. I have gone today to restore my divorce by filing a condone delay. I want to get out this marriage now as I don't want to give any hopes to my husband family that I will take him back. 

Kindly advice what repurcussion will RCR passed in my husband favour will have on my divorce application.

Will I have to give custody of my child now he is 5 years to my husband if he files for one. My lawyer want to file for maintanance for my minor son from my husband as she says it will only make him come down for divorce but I don't want any maintanance or alimony. She also said she can do a power of attorney to represent my dad in family court in my absence. I'm confused and need some help here whether POA is possible in family court. 

@ querist do not ignore RCR case your father can represent you through POA in family court.

If your husband manages to get RCR decree in  his favour no court can grant you divorce after that if you refuse to obey decree . He can also claim maint for himself from you after RCR decree in case he is jobless and you are earning. So pl rethink if in the interest of child at least marriage can be saved. Else you need to defend RCR seriously.

regards ASHOK

Adv k . mahesh (advocate)     07 January 2014

Your father can represent on your behalf under POA in family matters 

as court already granted RCR to your husband for your negligence of not appearing on the hearing day and he had taken that advantage 

as your should have taken initiative for stay of the order and you should have assigned your father POA when the case was filed in first instance

no problem now immediately file the POA and do appear in every hearing to complete the case

T. Kalaiselvan, Advocate (Advocate)     12 January 2014

Prasanthivasu;  In your case, since you have already filed the divorce case and that you are taking the steps to restore the case which was dismissed for default, the RCR will not be decided in his favor more so in the event of you both are living separately for more than 5 years, so proceed with restoration petition without losing heart, further, your husband will stand to lose his case in case he is filing one for custody of the child for the reason that he never took any step to see your child even  once so far.  You can conduct your case through your father making him as your POA.


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