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Anonymous1 (fjslfj;)     02 December 2010

RCR Clarification

Hello All,

 

Husband files an RCR. Within few days of filing the RCR, the wife and parents take back their things from husband's place and makes an huge hue & cry in the middle of the road. Husband is now in no mood to take back the wife, Can he say at the time of RCR hearing that though he filed RCR, the above mentioned act (in addition to multiple fights that happened before filing RCR)  has demoralized his entire trust and is not willing to take back?



Learning

 13 Replies

Ghajini (SSE)     02 December 2010

Poor husband CAN't do it 

Adv Archana Deshmukh (Practicing Advocate)     02 December 2010

If the husband does not want to take his wife back, he can withdraw the RCR.

Anonymous1 (fjslfj;)     03 December 2010

Hello Adv Archana,

 

Thanks for the response. Can he express his intentions not to take back during the 1st hearing and withdraw it???

Anonymous1 (fjslfj;)     03 December 2010

Hello Adv Archana,

 

Can the husband plead in the court that he did have intentions of taking the wife back before but changed his mind once the wife and their parents took back their articles?

Adv Archana Deshmukh (Practicing Advocate)     03 December 2010

He can give the said reason if he wants while withdrawing the RCR.

Uma parameswaran (lawyer)     04 December 2010

You have the option to withdraw the petition.

Anonymous1 (fjslfj;)     05 December 2010

Hello All,

 

Thanks for your responses. But my question is still unanswered. Does the huband have an option to withdraw an RCR after first hearing??  Can he withdraw if the wife agrees to come back but with some conditions?


(Guest)

Very interesting facts but here Our dear advocate archanaji is right:here demoralized his entire trust

so,husband should withdraw the rcr petition.

Does the huband have an option to withdraw an RCR after first hearing?

Any time he can withdraw rcr petition.yes,after first hearing also.

Can he withdraw if the wife agrees to come back but with some conditions?

If wife agree to come back ,court cannot enforce to live with her and you can thereafter withdraw rcr petition.

Adv Archana Deshmukh (Practicing Advocate)     07 December 2010

Mr vyas, what did you find demoralizing in my reply? I no where said the husband should withdraw the RCR. I only said, the husband can withdraw the RCR, which is the simple straight reply to the query, what has been asked by Anonymous1 . Where is the que of demoralizing any one's trust here?? 

Suchitra. S (Advocate)     07 December 2010

@ Archana ji, 

I feel it is by mistake that Kushan Sir that he could not put his sentences right and so the confusion. He agrees with your reply totally. In fact Kushan ji is trying to say your advise of withdrawing RCR if the husband feels demoralized by his wife and in laws is proper. Both of you are of same opinion. 


(Guest)

Yes, Suchitra. S  understanding my thought.

I mean to say, the wife and parents take back their things from husband's place and makes an huge hue & cry in the middle of the road.This incident (in addition to multiple fights that happened before filing RCR)  has demoralized his entire trust and is not willing to take back.    this conduct is not good   ---   The author said Anonymous1

So,  dont misunderstand me Adv Archanaji,

Ours opinions are same.

And thanks my dearSuchitra. S madam for clarifing  the above thread.

Adv Archana Deshmukh (Practicing Advocate)     07 December 2010

Its OK Kushan, I replied from what appeared from your post  :)


(Guest)

Thanks.:P


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