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fighting back (exec)     24 April 2013

What will happen if i let go of rcr case

 

dear members,

request your kind guidance,

wife filed RCR

i filed divorce,

she filed 125

all three cases are running, RCR and 125 in her state, divorce in my state,

i am not able to run around to her state everytime as i have to attend my private job as well

i am willing to giveup on the RCR case and let it happen expartee

what will happen? i am willing to pay whatever the court decides on the interim and final maintainence

if the RCR happens expartee in her favour, will the amount decided in the maintainence be higher in such a scenario? or inspite of me paying maintainence, will my property be attached by the court for execution of RCR decree

i dont wish to live with her at any cost, hence lettting go of RCR, and fighting only the maintainence and divorce case is a good idea? what will be the worst possible outcome of such a scenario

she is a big lying woman, she has put all baseless allegations of harrassment, dowry, and all imaginery stuff in the RCR petition, and says that she still wants to stay with me as she loves me....

are such contradictory statements accepted in courts, especially in RCR cases?

also i wanted to know, she had sent me a lawyers  notice, prior to her RCR,  asking me to beg for forgiveness in writing for harrassing her or, pay an xxxxx amount, or, be prepared for 'appropriate' dowry harrassment cases against me.

will such a letter be considered as mental cruelty by the court, especially that she had now filed RCR after this letter, after she realised that i am not bowing down to her pressure, but on the contrary i filed a divorce.

request your kind guidance.

thanks all..........

 

 



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 April 2013

See if matter can be resolved amicably. On the legal front, if you want divorce then don't let the RCR go exparte against you. It will not be a good decision to do so, on the contrary you should defend it properly. A judgment of RCR in your wife's favor will not be good for your divorce case. Also you need not have to remain present in the RCR case on every date, you can go there at the time of evidence, the other stages of the case can be handled by your advocate.

1 Like

Adv k . mahesh (advocate)     24 April 2013

 

if you leave to the faith of your wife and concentrate on divorce is not advisable as

 

RCR, is a great law; which helps in many wasy and the purpose is to compale the respondent to resume his/her matrimonial duties. If he/she does not; then decree of divorce will be sanctioned. HMA,

sec9 quoted bellow:

“9. Restitution of cojugal right.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly

Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.”

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties

 

Filing RCR produces a legal document that you both are staying separately.

Gives an advantage to you in case you are looking for anticipatory bail for 498a.

Legally proving to the court that she and only she was the cause of the marriage breaking by deserting you and not you!!

You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

It proves the wife has not looked into the benefit of the child by deserting and breaking the family for her whims and fancies.

The above point will in turn give you advantage in child custody.

1 Like

Rajendra K Goyal (Advocate)     24 April 2013

I agree with the views of Adv archna and k Mahesh fully.

1 Like

fighting back (exec)     24 April 2013

@adv  archana ....@ k mahesh and @ r goyal... thank you all for your kind replies....

i wanted to ask, if in the 125 case i have started paying maintainence, even in such a scenario, does RCR still have any weightage left? , i mean, now that i have legally started paying money and looking after the spouse financially, even then, does RCR have any importance left, as the law cannot force anyone to stay with the other.

so, does the RCR loose steam, once 125 maintainence begins?

or is it still equally important. also as per K mahesh, the decree of divorce is granted if either of them does not cohabit even after the decree,

in reality, who can apply for divorce? the RCR petitioner or the respondent? or anyone of the two, will it not be seen as ' taking advantage of owns wrong' in case of respondent?

thanks once again to all for your replies...

Adv k . mahesh (advocate)     24 April 2013

once you have started paying maintanence no need to pay in RCR the weightage will be as said above will be there as the points raised will be same in 125 case also and in divorce you have filed already means both has to appear 

any one can file divorce after failure from marriage and parts way

siranjeet (JE)     24 April 2013

my veiws are different from  all above experts

first u are lucky that your wife had filed RCR

prceed RCR exparte then after one year after RCR decree order go and file divorce on the basis of RCR decree

as both judgment debtor or dercree holder can file divorce after one year as per apex court judgment and no question of taking benefit of his /her own wrong

problem during execution of RCR decree is attachment of property which is in your name which can be easily managed by you before RCR execution

 if you are govt employee then there may be problem of attachment of salary otherwise no big problem

Fight your case 125 crpc seriously to decrease maintenance amount

1 Like

fighting back (exec)     24 April 2013

@siranjeet.....thank you for your kind reply. just wanted to ask. what happens when a property is attached? is it disposed off by the court? my lawyers tells me that the attachment lasts for about 6 months and then lifted. is it true? and secondly, why the attachment? as husband is already paying the maintainence. as in my case, my only property is a one bedroom flat which is jointly owned by me and my brother, for which EMI is being paid to the bank jointly. in such a scenario how will this flat be attached. as technically, the owner is the bank and not me, 

request your kind advice. thanks again


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

@siranjeet.....thank you for your kind reply. just wanted to ask. what happens when a property is attached? is it disposed off by the court? my lawyers tells me that the attachment lasts for about 6 months and then lifted. is it true? and secondly, why the attachment? as husband is already paying the maintainence. as in my case, my only property is a one bedroom flat which is jointly owned by me and my brother, for which EMI is being paid to the bank jointly. in such a scenario how will this flat be attached. as technically, the owner is the bank and not me, 

request your kind advice. thanks again

Why attachment?


When you have no source of income, then attachment of property.


It also depends on how much maintenance is due, if you have not payed maintenance for years together, then the total figure might sum up to the total value of a property you own, in such case forcible door break via police, and possesion handover by police of the property to your lovely.


Instead of worrying about all these, why dont you arrange for money to pay in lumpsum to your lovely, and try and get MCD?


There are many options, contact me via PM or phone.

shriks........... (healyhcare)     25 April 2013

1. what if husband inspite of filing divorce agrees in rcr SAY AFFIDAVIT as ready to co habitate but its only desertion of wife and mental cruelties that made him file divorce
2. and wife does not join matrimony saying" he filed divorce , im hurt " inflicting mental cruelties??????
3. or even after judgement either husband does not take wife back or the wife herself never joins????? wats the fate of the case then???

fighting back (exec)     26 April 2013

@helping hand....yes sir, i will call you for your advice....thankssss


(Guest)
Originally posted by : shriks


1. what if husband inspite of filing divorce agrees in rcr SAY AFFIDAVIT as ready to co habitate but its only desertion of wife and mental cruelties that made him file divorce

Wife deserts husband, can get divorce based on desertion.


2. and wife does not join matrimony saying" he filed divorce , im hurt " inflicting mental cruelties??????

Filing for divorce does not imply mental cruelty.  Filing for divorce means husband does not want to live with wife due to xyz mental cruelties meted out by wife to the husband.


3. or even after judgement either husband does not take wife back or the wife herself never joins????? wats the fate of the case then???

What judgment? If husband does not want to take back wife no court in India can force him to take back his lovely wife.  If wife never joins husband, again its back to Question N0o. 1 above, ie desertion.  Ultimately divorce will happen.  Till then you would have made friends with ameen of the court, bench clerk of the court, if you have a good rapport with the judge, you might not be surprised if judge also becomes your well-wisher/friend.

 

To such many questions like what will happen to case in many such probabilities.  When divorce is filed on x-y-z reasons, if either of the spouse is not ready to cohabit, then ultimately divorce will be granted, there is no law where one can be forced to cohabit [aapke patni ko aapke saath sulane ki chesta koi kaanoon ya court nahi karsakta].

santosh   12 July 2015

hello sirs.. coul you please guide me through ... can husband defend himself in RCR cases in family court..... I have filed for Divorce in Mumbai 6 months back since my wife deserted me 1 year back saying she wants to leave separately. I am the alone son of my parents and both are diabetic patients. my wife is from a well to do family . wife is a MCom with MBA but not working. she has file a RCR in PUNE family court asking 40000 as interim alimony. I have already hired a lawyer in mumbai but since two hearing she has not appeared in court.

my wife family had cheated me ... she is 3 years elder to me which i came to know when i saw her documents after marriage.. i have a copy of her Driver licence, college leaving cert and aadhar card . also she was undergoing treatments for her injured back before marriage ( she slipped in bathroom ) which her family hide from us . i have proof that her treatment was ongoing before marriage . please guide me how can i defend myself  in the RCR and interim maintenance case .  thanks in advance ... santosh


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