My husband has filed a RCR case against me on 21.05.2018.
We got married on 24.01.2018 at west Bengal. After marriage I was acused and tortured physically and mentally for dowry by mother in law and husband. I this time period I went to Chhattisgarh where my husband is working with SECL. Also I was not even allowed to sleep with my husband till MIL was with us instead MIL used to sleep with husband in our bedroom. Although after my MIL came back home at West Bengal we were living together and also went to honeymoon after which I found out my husband is having a s*xological problem (he never ejaculates). My husband too accepted the problem and said he is going to cure the problem soon and bring me back from parental home. I and my parents agreed to this.
I came to my parental home on 23.03.2018 with my mother, my husband came to bid us goodbye on the station.
We came home a day later and my husband's behavior changed drastically and he never tried communicating with me, whenever I called he used to end the call. In the meantime my FIL used to communicate with my father and said that they are trying to solve the s*xological problem of my husband, also threatened that they would like to get a mutual divorce from me as soon as possible. I think maybe or maybe not my husband had the operation done hiddenly.i don't even know if the reports are fake or not. They have done an final report based on the medical problem on 22.05.2018 which states result to be 'normal values' and also states as comments 'an ejaculation with marital disputes' and have send us a copy of this report.
He have presented the RCR case on 21.05.2018 at Bilaspur district court.
He had said me and my parents before that he will come to my parental home once the problem is cured to take me back to matrimonial home but he never came thereafter and not also communicating with me instead filled RCR. They are not even allowing me to enter my matrimonial home. I am having all my goods, accessories, gold jewelry, furnitures over there. They also accepted this by phone before that I am having the jewelry with them but only after my MIL again went to Chhattisgarh on 01.05.218 they are denying the fact of the same.
RCR was presented on 21.05.18
Although on 1st hearing date magistrate was absent but both parties was present in court, we saw they are having very much negative attitude and basically there intention is to seek divorce without giving maintenance as said by my MIL at court.
Sir I want to know what cases can I file in such situation as I feel to be betrayed in this marriage.
Also I would like to know about 1.how I can progress in this RCR case to get my own benefit someway. Also can the case be transfer to another state by me?
2.Can I file for 498a, DV, maintenance case at this point?
3.How can I get the things being given by my parental side at marriage specially the gold jewelry immediately?
4.Can I stay in matrimonial home during the case period? If yes then how?
Dear querist,
You may file 498A, DV, maintenance case.
1. Case can be transferred from on state to other by Supreme Court.
2. Yes you file if you see no possibility of reconciliation.
3. In FIR add section 406 ipc.
4. Do you think you will be safe?? If yes can ask same in DV case
Deepak Joshi & Associates
Djaa.legal@gmail.com
Mb/whatsapp +919456777600
