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Munirathnam (Scientist)     09 October 2013

Right strategy to close all cases early

Dear All,

 

I believe that below strategy is the right one for Husband to close all false cases early:

 

  1. File RCR and contest without any delay from Husband side, say that wife left home without lawful reason .... do not say any other allegations against her because it does not require.
  2. Let the evidence is lead in court from both sides ....
  3. Just prove that wife is not having nay evidence and her allegations are not proved.

 

Use the Cross-Examination and evidecnes of RCR case in the on going 498A, DVC and CrPC-125 cases .... you may approach High Court with 482 CrPC Petition to ger speedy justice based on the Cross and Evidences present in the RCR case .....

 

If any lawyer say that in RCR case dowry related questions should no tbe asked then say that by saying the husband the wife is projecting that the attitude of family of husband is not accordance with the law but husband's family is not like that hence questions on all aleged allgations are to be asked ....

 

Plz comments on the above strategy ....



 8 Replies


(Guest)

You are very much correct.


But for this ideal situation to happen.


There should be a bench of judges and there should be only one case which would be yours.  Then in one sitting, all will be over.  


My advice would be to ask appointment of judges, a bench of judges, to dispose off matter asap.

T. Kalaiselvan, Advocate (Advocate)     09 October 2013

Mr. Munirathnam, is this strategy your latest invention as a scientist?  How do you such ideas on the earth?,  Whether false or true case, it will take its own course of time and law to settle the issues especially with the trend that nobody has time to pursue the case, i.e., either the petitioner or the respondent but only the lawyers and judges keep pushing the proceedings(?).  Regular follow up by a litigant will solve the time lag problem to some extent.

Shantanu Wavhal (Worker)     09 October 2013

dont ever start unnecessary litigation.


dear author, consider revising ur inventions.

Munirathnam (Scientist)     10 October 2013

It worked in a case where RCR is completed in 2 years and the CROSS Examination details of RCR were used in other cases where the allegations are same ..... this is applicable to the cases filed U/s 498A, 125 of CrPC and Domestic Violence .....

 

The above comments do not say anything about the pracical issues that make this method failure .... hence arguemtns fails .....Please throw some ligt on your comments ....

@Kalaiselvan: Please justify your coments and mind the language used that hurts people .... seems you have attitude that ONLY Lawyers can solve the issues but not any other, I see this is very groundless argument ...

victim (master)     10 October 2013

1) RCR is an simple application.

 

2)  It is a Suit which is to be filed in family court having proper jurisdiction.

 

3)  In this suit proper pleadings are required, proper cause of action is also to be mentioned in your petition.

 

4)  Then documents are to be filed in support of your petition to give prima facie evidence in support of your pleadings. 

 

5) After all this excersice case will be admitted in court and then summons along with petition's copy is sent to the respondent i.e wife in present secenario.

 

6) If we preassume that wife is cunning and the actual cause of present unfortunate situation in one's life then after leaving husband's home there are fair enough chances that she will meet a Lawyer and he might had told as in most cases this happens that dont receive any notice from court which comes by post. Just manage the post man with money and note the case no. and court no. mentioned on envelope.

 

7) In this way wife will come to know about the suit in court and at the same time officially on record she is unaware of your suit.

 

8) Then without delay she will approach police station and fire 498A, 406, DP-3,4 and full family pack of criminal cases. with very ordinary bribe she will initiate the police actions against the husband and his family. Then he has no option but to run for AB. RCR summons are still not received.

 

9) Now in second lot she will file PWDVA case and CrPC. 125 or /and HAMA 18 against the husband. RCR summons are still not received by wife.

 

10) Poor husband has to appear in all matters and he will realise that he is entangled into around 4 or 5 good litigations and his RCR suit is still pending at a stage where wife had not received summons officially.

 

11) By the way all this will happen in 10 to 15 days of wife's knowing about your RCR suit. so nothing much can be done to make sure that she receives the summons. on the other hand husband cant afford to do such tactics to evade summons as eparte orders can be passed against him. though there will be around 30 to 40 days for husband to appear before the courts as accused/respondent.

 

12) Now in such situation where will poor husband will use Use the Cross-Examination and evidecnes of RCR case in the on going 498A, DVC and CrPC-125 cases.

victim (master)     10 October 2013

sorry please read above posts first line as RCR is NOT an simple application.

Shantanu Wavhal (Worker)     10 October 2013

ok

file RCR 

& pay her u/s 24

fantastic.

Munirathnam (Scientist)     11 October 2013

In my case my RCR has on page and that page says wife left matrimonial home without any lawful reason and deserted husband..... I got the judgement in 13 months ....

Notices can be monitored through RTI Act applications while sitting in house ....to get delivary status ....and day to day progress...

 


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