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Max Payne (Manager)     09 January 2013

Refusing rcr notice sent by wife

After 3 years of staying separately my wife has sent a lawyer's notice that I should take her back or else she will file for RCR and maintenance. All these many years she was least bothered of me and all of a sudden she wants me back...

I'm not interested in living with her and want a divorce, but she is not willing. I've lost my job and have no money to pay her any compensation if she demands. On the other hand she has a well paying job.

I'm planning to reply to her notice that I'm not willing to live with her because of her mental cruelty towards me.

What will happen if she files for RCR and I refuse to take her back? What will the court decide according to law. Please enlighten me.


 3 Replies

sanjeev pawar (service)     09 January 2013

dear max. you need to contest the RCR, dont let it happen exparte, as it will weaken your divorce and maintainence case. if the court is satisfied that you have stayed away from her without any reasonable cause, then the decree will be granted in her favor. also file for divorce if you dont want to live with her. but dont let the RCR case happen ex parte

 also transfer all your property to someone  else as there is a possiblitly of it getting attached 

rajiv_lodha (zz)     10 January 2013

No problem dear!

Reply to her notice in detail that she has been cruel to u during all her matrimonial yrs. She has taken her belongings n valuables while she left u on so n so date.

If she files RCR u r somewhat free from deadly weapon named 498a.

In nut shell, apart from this legal tussel, try to solve the matter amicably. Involve some elders n common relatives n make raod for MCD.

kandarp1986 (techni)     12 January 2013

@ rajiv please explain-If she files RCR u r somewhat free from deadly weapon named 498a

as my wife has filed RCR how can i free of 498a? thank you..

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