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sandykrish (Interested in Family LAW)     16 August 2013

Rcr to private advocate notice

Hi,

I applied for RCR to bring back my wife in the month of July 2013. Now she has sent me a legal notice from advocate that she wants to settle down the matter in the form of huge settlement. 

What should I do in this case. Should I need to withdraw the RCR case and sit for settlement and file the MCD or is it better to complete the process in the mediation stage of the RCR which is more good. I reckon the lawyer of the other side is very cleaver and simply dragging the case instigating me proceed with either Divorce/RCR. 

Now I know until and unless either one party moves an applies cases nothing will work out. I went on with the RCR as the defense is the best form of attack. May be they might have received the summons or from the other source they might have come to known that I have applied for some case now they have come for this method of sending notice.

Her LAywers/FIL demand.

1. Pay 6 lakhs as this is the marriage amount spent ( Infact they have spent only 3 lakhs)

2. Since the girld has become 2nd hand give her one more settlement amount any thing which is above 6 lakhs the amount is not clear

My wife is working in MNC with close to 80,000 K per month and done her Mtech in Software. No it is kind of settlement raquet. She was having pre marital affair and continued even after marriage. She was one who created issues and desserted me in Dec 2012.

Now my question to the panelist here are:

1. Do I hva eto withdraw the RCR and apply for MCD ( I know they have huge amount in mind)

or

Can I ask my lawyer to continue with RCR and if they are still interested in MCD let them settle in mediation phase so that we an legally withdraw the RCR and convert this into MCD ?



Learning

 7 Replies

KUMAR SINGH (Executive officer)     16 August 2013

If the demand is in writing,you may seek divorce instead of on the ground of her willful desertion.Go ahead with courage,definitely you'll win if you are right at your end......

sandykrish (Interested in Family LAW)     16 August 2013

In notice it only states as we would like to negotiate the terms and condition on the MCD or you call this as MOU for MCD. The amount demanded by them is only through phone and this was 3 months back before I filed RCR.

Please give me reply from the legal stand point and other options available for me?

Tajobsindia (Senior Partner )     16 August 2013

1.    RCR with such facts is false way to approach Court and not productive to harmonious matrimony.

2.    In RCR ‘official mediation’ also takes place. Proceed on your suit matter and let ‘mediation’ happen. They can jolly well state their say there.

3.    If during mediation both parties agree half way or as per comfort satisfaction same can be converted into writing by mediator and sent to Court for ‘decree’.

4.    Since there are no other facts whispered any other Civil case from your end or withdrawal of RCR is also not suggested yet I stand by para 1 reply.

sandykrish (Interested in Family LAW)     16 August 2013

Thanks Tajobs Yes their are no other civil or criminal cases filed by wife's side. The matter of fact is she wants to continue her pre marital affair into the state of married state and that's the reason and beacuse of their society fear she married me since day 1 showing dis respect towards me and my parents. She use to talk to her boyfriend during the mid-night and often when I used to ask her she was telling that he is the family friend and just like my brother and instigate fights in the mid night telling me that I am questioning her chasity. I spoke to their relatives on this matter and the fact came out of the discussion was the marriage was settled with on of her relatives ( Her Dad's sister son) it got cancelled 2 days before the marriage, they hid the entire matter why the marriage was cancelled. In the next six months they found me in the same caste and got engaged. During the engagement time itself the boy use to call her daily and she used to talk to him as a husband and I had noticed this long back told her that I dont like these things happening after marriage. After marriage she started showing the entire colors. The boy was working in the same company and same project she had planned everything to leave me gave false NC complaint in police station stating that our family gave mental torture and physical torture this happened in Sep 2012. When police councelled she came back home with me stayed for 3 months. During that period I came to know that she was getting physically intimate with her boy friend and I kept mum as I knew that she will leave my my house shortly. She left in Dec 2012.

I waited for 6 months had typicall panchayaths with their family members and they were not ready for any compromise and then we sent a legal notice asking her to join the matrimonial home or if is she is not ready our advocate asked her for MCD. She replied with 15 page false allegations and finally telling that she is ready for MCD. We again sent reply notice denying allegations and asked her to forward terms and conditions. They didnt reply for 2 months our lawyer called his lawyer and they they came up with star amount 6 lakhs for her dad as mmariage expenses settlement plus the amount which will give her daughter some career ( The amount is still point blank). We waited for 3-4 months no movements from them and I applied for RCR and now they have sent the advocate notice for settlement.

I know even if they have sent the advocate notice for settlement they will again stick on to Huge settlement. I'm reday for settlemnt based on my terms as he is one for her faults she has deserted and asking money from me. I just want to continue the RCR let it go to mediation stage and if they are interested we can convert this MCD with mediators even I was having the same idea. But do you have any other suggestions for me?

sandykrish (Interested in Family LAW)     17 August 2013

Tajobs I didn't hear from you on the reply including the above facts. Sir your insights will definitely help me.

sandykrish (Interested in Family LAW)     17 August 2013

Hi Respected forum members An update to the above thread, I collected the private advocate notice sent by my wifes lawyer where he cleary mmentioned that her client is entitled to permanent alimony and collect all marriage expenses there demand is close to about 15 lakhs. Now I spoke to my lawyer he told the current RCR has been put into mediation. Just to pressurize me she has put in false DV case. Now I am to the point not to continue my RCR case I would like to approach the court stating enough is enough I can't anymore condone her cruelties any more example being putting the false DV case I am going to mention this and withdraw RCR and put in divorce case? Please guide me If I am on a right track

sandykrish (Interested in Family LAW)     17 August 2013

My marriage date feb 2012, date of deserrtion date dec 2012. Wife working in MNC earning close to about 80K prr month, her educational qualifications BE and Mtech no children out of yhis wedlock

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