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sanjeev pawar (service)     01 December 2012

Rcr and sec 125 by wife, divorce by husband

Dear members,

request you to kindly give ur opinion on my query

Wife files RCR, husband files for divorce

wife files sec 125 for maintainence

, wife filed RCR, where the petition has no conditions laid for RCR, however prior to RCR, she had sent a pvt notice through her lawyer, which had asked me to cough up Rs 10000 per month or take her back, to which i replied in the negative, to which she later filed for undcondtional RCR, 

i filed for Divorce before i had received the RCR notice from court, she had already filed for RCR when when i had filed for divorce. none of us knew about the cases filed against each other.

After first counselling of RCR she filed for sec 125 maintainence.

my question is though the RCR petition itself does not contain any conditions, however the pvt notice by her lawyer asks for Rs 10000 and written assurance from me and my family member, not to continue the alleged harrasment meted out to her for the alleged dowry demand by us.

now, will the court not take into the consideration the pvt notice too, asking us to give 'written' assurance and the amount demanded as mental cruelty on me and also the money demanded if i dont stay with her.

also if the wife is applying for RCR, then is it morally right for a wife to put a crimanal case of sec 125 and yet want to continue to live with her husband by asking the court via RCR petition.

I mean does it not contradict her own demands? one way asks no demands in RCR notice, in other petition of 125 she demands Rs 40000 from me every month. now, dont these two things contradict each other? will the court consider these contradictions

Thanking you and awaiting your kind reply

 



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