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Singha Rao (Engineer)     03 March 2013

Rcr then followed by divorce

Hi all,

  As per my past query, I am plannng to file RCR soon. As my wife, hr mother and father all are playing differently, so I thing beter to file one time RCR. Although I have some of her recording and and some allegation against her, bur in RCR I am now including all these allegations. Here just I wanted to include that I want her..

 So if in RCR hearing he will tell many allegations against me, and if it will cross my limit then I will file all her allegation (may be I will convert to divorce).. In such case my query is that:

  • Is the same judge will make the proceding of our case or it will be different?
  • If same judge and if he will be with both RCR and divorce file in her hand, then judge may ask that if you had such allegations, then why you did not mentioned all these in RCR? In such case how shall i defend?
  • If RCR will be too long and during this hearing she may tell many false allegation against me? In such case may be I need to open all my hidden prrof, or shall I be silent and during next case I will use as prrof frommy side?
  • If some problem, in between RCR then can I drop my case and can I change to divorce?

 

Please help me in this regards..



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 March 2013

 The Bombay High Court has ruled that husband failing to maintain wife has no right to demand conjugal rights. "The husband should first show that he is capable of maintaining wife and then demand her company.

Nandha (NIL)     03 March 2013

even I look forward to experts' answer, especially on 2nd query.

(Guest)

Good question.  have similar doubts.

(1) Should one put allegations in RCR or not?

(2) If wife reply your RCR with vague allegations then will husband loose RCR or she has to prove her vague allegations beyond reasoable doubt?

(3) If husband files a plain RCR without any allegation and only requesting wife to join back then can later husband file divorce on cruelty ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 March 2013

Dear Querist (fight_with_498A)

 1) Should one put allegations in RCR or not?

Yes, always

(2) If wife reply your RCR with vague allegations then will husband loose RCR or she has to prove her vague allegations beyond reasoable doubt?

Yes, if she put any allegation it's depend on her to prove her version/allegation

(3) If husband files a plain RCR without any allegation and only requesting wife to join back then can later husband file divorce on cruelty ?

If the husband proved that there is no reasonable/sufficient reason she has to left him or if she has filed criminal cases against him

fighting back (exec)     04 March 2013

Dear nadeem sir,

as per your reply

 1) Should one put allegations in RCR or not?

Yes, always

as per your above reply you have mentioned that one must put allegations in RCR, now, in case or RCR filed by a woman against her husband, if she mentions various acts of harrasment, and yet in the end of rcr petition she mentions that she is a sati savitri and stilll wishes to stay with her husband, then in such a scenario how will the case proceed?

does the case proceed like that of a criminal case on the basis of allegations put?

does the judge examines the petition as a RCR petition or does he treat the petition like a complaint petition?

at the end of the petition how is the judgement based, on cruelty grounds ? or judge merely decides if the husband should stay with the woman or not,or if the husband is wrong or not

does the court itself take cognizance of the allegations and frame criminal charges or is it upto the other party to file criminal charges/

basically what is the intention to put allegations into RCR petition? as the allegations itself contradict the wish to stay with the other spouse.

as per a past article of shonee kapoor in this forum, an ideal RCR is that where it reflects how a husband or a woman loves the other spouse, and how the other spouse is not keeping company of the other spouse, in other words it is just like a love letter by a dejected lover.

Request you to kindly give your views on my query, also request other members ot give thier valuable inputs...thanks


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