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maks (SE)     08 December 2012

Want to take rcr back, need advice.

After filing for RCR as expected I faced the 498A storm and recieved DVA notice, now i do not have any thought of taking my wife back, in this situation i found no use of continuing my RCR petition in the court (as of my little knowledge) and have to travel to 498A wifes hometown. So want to take my RCR petition back and asked same to my lawyer, he said its your wish(lawyer has not shown any interest to discuss regarding this).

Could some one please advice wheather I should continue RCR or not and please provide the consequences, those i've to face on continuing and / or discontinuing my RCR petition.

Thanks,

Maks.



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 2 Replies

stanley (Freedom)     08 December 2012

As you have alredy decided not to get back your wife ,Its better to take back your RCR and contest the cases of 498a and DVC . If your lawyer is not responding to you in a proper manner than change your lawyer .

ANAMIKA VICHARE (LAWYER)     08 December 2012

It is better that you should withdraw your restitution matter forthwith....in fact u should not have filed RCR for, even if you get the decree,you have to wait for 2 years...which is waiting period for applying divorce...

so contest RCR....spend 2-4 years...wait for 2 years,...again file Divorce contest 2 years.

how much youthful prime time wasted

I never advise my client to file RCR since even if Decree is passed it is impracticable so far as executioin s concerned....

See a woman if wants to cohabit she does not  need a Court's decree...

and further....woman's psychology is that if you file RCR, her confidence boosts and she sits on yr head...and thinks that cohabitation is yr need....

so always file a divorce petn...whcih will turn down her confidence....and then if she shows willingness to resume cohabitation, you can file consent terms on trial basis...if go on well fine...if not then you can continue with yr divorce petition....

for any further advice

anamika_vichare@rediffmail.com

Family Court Lawyer, Bandra, Mumbai

Purush Hakka Saurakshan Samittee, Nashik

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