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fighting back (exec)     13 March 2013

What is possible strategy behind filing rcr and 125

Dear members

wife sent pvt threatening legal notice, followed by RCR, then i filed div then she filed sec 125

just curious to know what could the possible strategy the opposite lawyer has in mind to file the RCR and after that sec 125

1) pressure tactic to persue the husband to stay with her

2) to show fake genuiness of wanting to stay with husband, but husband unwilling, hence will be able to extract more money in terms of maintainence/

husband has suffered a lot due to harrassment by wife and has hence filed divorce

 



Learning

 28 Replies


(Guest)

 

1) pressure tactic to persue the husband to stay with her

2) to show fake genuiness of wanting to stay with husband, but husband unwilling, hence will be able to extract more money in terms of maintainence/

husband has suffered a lot due to harrassment by wife and has hence filed divorce

 

 

could be both of                    the above or either one of them.

1 Like

(Guest)

well... rcr is to let you know that she wants to join back and sec: 125 may be if your wife is not earning or she and her lawyer feels you are kanjoos..then sec: 125 is filed.

If you have filed for Dv under mental cruelity..then  gather all the evidences and fight the case.

Only question to you is : what according to you is mental harassment becoz it differs from person to person.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 March 2013

 

The court will order you to pay maintenance.  You have no other go. Though your wife is educated or even may be employed, even in such cases the courts are nowadays granting maintenance.  Even though you may state that you have spent so much for her and for the child ultimately the court will order you to pay maintenance.

You cannot avoid maintenance.

 
1 Like

(Guest)

Sir, but why will a educated and working wife get maintenance from husband? Is there any judgement favouring this. Please share it.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 March 2013

Dear Querist

RCR is not only a base to show the intention of party butit also a ground for divorce too if the opposite party are not ready to execute the RCR decree. second thing is it is very nice procedure for whom, want to settle the matter.

There is no prception or diffrence file maintenance case before or after the divorce.

Feel free to call

1 Like

(Guest)
Originally posted by : no pain no gain....

Dear members

wife sent pvt threatening legal notice, followed by RCR, then i filed div then she filed sec 125

just curious to know what could the possible strategy the opposite lawyer has in mind to file the RCR and after that sec 125

1) pressure tactic to persue the husband to stay with her

2) to show fake genuiness of wanting to stay with husband, but husband unwilling, hence will be able to extract more money in terms of maintainence/

husband has suffered a lot due to harrassment by wife and has hence filed divorce

 

Wife quarelsome, sent you notice along with RCR [please come back to me and or accept me back]


Fed up with her antics, you file for divorce in reply  to her RCR.


In reply to your divorce petition, now that she suddenly has become a beggar and is on the streets, so she needs your hard earned money, so she files 125.


Objective of RCR and 125 finally is to suck your blood and peace of mind.


Her lawyer wont do this for free,  he is in need of fees, and now that she is a beggar, he knows that she cannot pay him fees.  So with his high sense of intelligence, he has filed 125 on behalf of your beggar wife, so that you pay her and inturn she pays him!!!!!!!!!!!!!!!!!!!!!

1 Like

(Guest)
Originally posted by : charu latha

Sir, but why will a educated and working wife get maintenance from husband? Is there any judgement favouring this. Please share it.

Gender biased judges!

1 Like

Never Give Up (Fighter)     13 March 2013

Yes it could be both.


She is trying to prove that she is not the one who wants to go out of marriage. This would get her sympathy in all initial phases of cases in terms of interim orders /mediations etc etc.


Assuming there are no cases like 498a,dv in between you two , she has already portrayed you as you want to kick her out in front of judges by the way events has taken place.

1 Like

victim (master)     13 March 2013

defend yourself in crpc 125 case and rcr case. by orally showing your willingness to take her back if she assures you in writing infront of appropriate/concerned authorities that allegations made by her in lawyer's notice are false and baseless and she is willing to join you without any pressure. It was she who started all litigations and In future she will discharge all her duties of wife and daughter-in-law in a proper manner. To support your arguement present a return ticket of same date in court and say if she is ready for your justified terms then she is more than welcome to join you with immediate effect.

 

Then if she agrees and gives you in writing then take her along with her and withdraw your divorce case by mentioning that in bigger interest of both families you are doing this and also attach her written statement which declares you innocent. in future litigation these papers will prove that she is habitual litigant and she is doing continous cruelty on you by implicating in criminal cases to hamper your career and life.

 

and if she disagrees and continoues to make allegations on you then there are end number of citations from various courts which states she need to prove crueltyto get maintenence in crpc 125. also argue that her allegations are wrong as she is willing to join you this itself shows that you are not that cruel as she is potraying.

 

take one stand and if lower court favours her then immediately go for appeal in higher court.

 

all the best

2 Like

(Guest)

 

 

Let me share one ground reality. Husband cannot ask her to write whatever he feels and sign it ...in order to take her back. If her allegations are specific and she has proofs...then no judge will agree to what you are saying and ask your wife to sign so that she can join you. NO.

 

As far as my knowledge goes both the parties need to sign an MOU. And the judge will also read that MOU and see to it that both of you discharge your obligations and duties as husband and wife towards each other. And he may if he feels neccessary....make you both undergo family councelling for some specified no. of sessions to sort out the differences.If your lawyer is wise enough and not money minded then he will make sure..... that things gets patched up.

1 Like

fighting back (exec)     13 March 2013

@ALL.......thank you all for your replies.....just want to ask,,,now with all the baseless and dirty allegations thrown on me in RCR and 125 petitions, i have completely lost trust in this woman and hence not want to live with her nor take her back, i know i will have to pay maintainence, however she is asking for maintainence with 'dirty hands' i mean, she is a well qualified lady, though not working at present, however she has passed competitive exams fo jobs, for which i have proof, however she is showing in her petitions that she does not have any experience of work and no job at all and is literrally on the streets and dying of hunger!! and hence court should give her help.

i want to ask that, since i dont want to stay with her at any cost, nor want to take her home, and if the maintainence is also awarded by the court, then does this weaken her RCR petition...i mean, once maintainence is awarded by court, then can this stand be taken that " now i am paying maintainence to her but i dont want her company, and i cant bear to live with her"

in short.....does the asking of maintainence by wife, and awarded by the court,  weaken her initial RCR case? divorce is a different matter and will be judged independantly, but will the strength of the RCR case be weakened?

fighting back (exec)     13 March 2013

@charu....my mental cruelty grounds are:

denying of physical relations since 1st day of marriage (non consumption of marriage)

2) leaving away the house, and staying at unknown place without the consent of husband, without informing me she left my place and hid in a relatives house for 2 days, due to which we were in immense stress, i complained a missing report to the police, police took her statement in writing, she informed that " she had a quarrel with her husband, hence i a fit of rage, went away, she has no complaints against anybody, and does not want to file any written complaint"

3) she forcibly wanted me to take a separate residence, away from my parents, this is the reason she ran away from my house to create pressure on me

4) i lost my govt job offer, when i could not join on a given appointment date, as she refused to join me at a new posting away from my house

5) calling me a 'hijra' day and night in front of my parents, and humiliting me and questioning my manhood

6) taunting me of being a lower qualified person, as she is a MBA and i am only a BCOM graduate.

7) tried to run away from the house 4 times

after all these episodes, now she is suddenly accusing me of harrassing her for dowry, and threatening to put me and my parents in jail, and with the same accusations has filed a RCR petition.


(Guest)
Originally posted by : no pain no gain....

@ALL.......thank you all for your replies.....just want to ask,,,now with all the baseless and dirty allegations thrown on me in RCR and 125 petitions, i have completely lost trust in this woman and hence not want to live with her nor take her back, i know i will have to pay maintainence, however she is asking for maintainence with 'dirty hands' i mean, she is a well qualified lady, though not working at present, however she has passed competitive exams fo jobs, for which i have proof, however she is showing in her petitions that she does not have any experience of work and no job at all and is literrally on the streets and dying of hunger!! and hence court should give her help.

i want to ask that, since i dont want to stay with her at any cost, nor want to take her home, and if the maintainence is also awarded by the court, then does this weaken her RCR petition...i mean, once maintainence is awarded by court, then can this stand be taken that " now i am paying maintainence to her but i dont want her company, and i cant bear to live with her"

in short.....does the asking of maintainence by wife, and awarded by the court,  weaken her initial RCR case? divorce is a different matter and will be judged independantly, but will the strength of the RCR case be weakened?

 

 

Simple logic.


1.  Wife makes 1001 allegations in RCR and potray you as Mogambo but still wants to accept you, dont you think its filmy?  Mean to say who on earth and                    heaven could tell, you are bad, you are a villan and still say I love you?  Only Mona darling could tell it to Ajeeth the Loin :D.  Let her make 1 million allegations, all those will come in your favor.  YOU can  tell judge that as she is making these number of allegations, you are not ready to accept her back, as simple as that, and no court in India can force you to accept your wife back!


2.  Now that your wife is a beggar on streets having no shelter, she is asking money.  Pay her money and RCR is gone with the wind!  Wife cannot take money from husband and still ask me want house, husband, protection etc.  Money is not paid as pocket money to go watch movies, but is given so that she can stop begging on streets that                     she get a shelter, get some food and clothing etc.


(Guest)
Originally posted by : no pain no gain....

@charu....my mental cruelty grounds are:

denying of physical relations since 1st day of marriage (non consumption of marriage)

2) leaving away the house, and staying at unknown place without the consent of husband, without informing me she left my place and hid in a relatives house for 2 days, due to which we were in immense stress, i complained a missing report to the police, police took her statement in writing, she informed that " she had a quarrel with her husband, hence i a fit of rage, went away, she has no complaints against anybody, and does not want to file any written complaint"

3) she forcibly wanted me to take a separate residence, away from my parents, this is the reason she ran away from my house to create pressure on me

4) i lost my govt job offer, when i could not join on a given appointment date, as she refused to join me at a new posting away from my house

5) calling me a 'hijra' day and night in front of my parents, and humiliting me and questioning my manhood

6) taunting me of being a lower qualified person, as she is a MBA and i am only a BCOM graduate.

7) tried to run away from the house 4 times

after all these episodes, now she is suddenly accusing me of harrassing her for dowry, and threatening to put me and my parents in jail, and with the same accusations has filed a RCR petition.

 


Mubarak ho....


Divorce gauranteed !


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