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Dino Mackenzy (Delivery Head)     02 February 2014

Withdrawal of restitution of conjugal rights.

Hi All,

Below is sequence of events happened in my matrimonial dispute:

  1. Wife filed fake FIR with police u/s 498a, 406 and others in March, 2013.
  2. All defendants got Anticipatory Bail in April, 2013 after three weeks of rush.
  3. Husband filed RCR in June 2013. However he is not willing to take her wife back in any case and case was filed merely due to misguide from lawyer.
  4. Wife filed petition for interim maintenance u/s 24 of HMA to get litigation and other expenses for RCR filed by hubby.
  5. No single hearing happened on main case i.e. RCR however argument does happened on wife’s application for interim maintenance.
  6. Judge is going to furnish order on next hearing date in order to approve certain interim maintenance amount to the wife.
  7. Husband asked his lawyer to withdraw RCR petition as he realized that it is just a waste of time and money.

b      Husband was expecting his lawyer to put all facts those shows cruelty from wife in RCR withdrawal application however husband’s lawyer has mentioned just below line:

“The applicant after due reflection has decided not to proceed with present application and want to withdraw the present application unconditionally.”

My lawyer is saying that it is better to keep withdrawal application short and simple. It is going to be useful for me for future cases as I am not submitted much in writing in front of court.

I want to get expert opinion if such a short RCR withdrawal application without stating sufficient cause of withdrawal is good from strategic perspective.  

Please do reply ASAP. 

Thanks In Advance!

 

 

 



Learning

 13 Replies


(Guest)

Hi All,

Below is sequence of events happened in my matrimonial dispute:

  1. Wife filed fake FIR with police u/s 498a, 406 and others in March, 2013.

Opinion: As usual.

  1. All defendants got Anticipatory Bail in April, 2013 after three weeks of rush.

Opinion: Gr8. So quickly.

  1. Husband filed RCR in June 2013. However he is not willing to take her wife back in any case and case was filed merely due to misguide from lawyer.

Opinion: That is the case. As i have already discussed through my article,below is the link.

Why RCR is Waste of Time and Money Against 498A,Divorce and Maintenance cases...!!

  1. Wife filed petition for interim maintenance u/s 24 of HMA to get litigation and other expenses for RCR filed by hubby.

Opinion: As usual that was her legal Bonanza from husband for such a silly case of RCR.

  1. No single hearing happened on main case i.e. RCR however argument does happened on wife’s application for interim maintenance.

Opinion: How it will happen,when husband had filled RCR on mere words of his Lawyer that RCR will save him from wife's 498A and other cases. Which is absolutely wrong.

And during this procedure when she got the notice of RCR ,her lawyer was like a searching Fox who got the carnival to make her client file for U/s 24 HMA during the pending of such a silly case of husbands RCR.

  1. Judge is going to furnish order on next hearing date in order to approve certain interim maintenance amount to the wife.

Opinion: withdraw the RCR and bring this under the notice of the court where U/s 24 HMA is going.

  1. Husband asked his lawyer to withdraw RCR petition as he realized that it is just a waste of time and money.

Opinion: Very lately realized.

b      Husband was expecting his lawyer to put all facts those shows cruelty from wife in RCR withdrawal application however husband’s lawyer has mentioned just below line:

 

“The applicant after due reflection has decided not to proceed with present application and want to withdraw the present application unconditionally.”

My lawyer is saying that it is better to keep withdrawal application short and simple. It is going to be useful for me for future cases as I am not submitted much in writing in front of court.

 

Opinion: Yes. he is correct. Don't disclose what ever you have in your mind. Just a simple reason that you don't want to continue this petition as you want to make a fresh petition according to the recent developments in your marital life whether divorce or No divorce again depends on you.

I want to get expert opinion if such a short RCR withdrawal application without stating sufficient cause of withdrawal is good from strategic perspective.  

Please do reply ASAP. 

Thanks In Advance!

 

PS: Withdrawal of RCR will not only make her to file afresh petition Under different section of maintenance but she has to pay for her lawyer in the current case as well as for another cases which will obviously make her frustrated.

 

 

regards,

(ESIS)

 

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

 


Group:https://groups.google.com/forum/#!forum/498asaviours


Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

 

3 Like

Dino Mackenzy (Delivery Head)     03 February 2014

Hello Friend,

Many thanks for your detailed reply and I appreciate it.

Yes I do agree that it was a mistake committed by me by filing RCR case since it is useless tool. It is just wastage of time and money especially when 498a case was already registered by Shrimati.498a against me/my family and we were already released on AB. I think RCR could be helpful in initial stages of fake matrimonial cases where you are looking for a bail for a crime which you never committed.

Anyway as said experience is a best teacher and I shared my experiences with few innocent guys regarding RCR and helped them to build their strategy.

Have a happy fighting with legal terrorism and 498a gangs.

Cheers

 

 

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     03 February 2014

To advice in theory is easy and to provide actual solutions is not easy.

 

For you and all others who are facing court cases against the spouse must devise clever methods with twin objectives of coming out of the case and avoid paying monthly stipend added  with legal expanses.

 

RCR is most powerful weapon to avoid monthly payments and win the cases. USE IT MOST POLITICALLY. 

 

FOR PROPER LINE OF ACTION PL GIVE CASE HISTORY.


(Guest)

ROFL.......(Rolling on the floor of laughing) after reading the above comment.


Reasoning:


1. RCR is the most powerful weapon to avoid maintenance.


haaaaaaaaaa,

accha, how ?...have you ever saved husbands maintenance by filling RCR.

Gr8......Do one thing I am giving you 25 victims here please save their maintenance by RCR.


A suggestion to above Time Pass Commentator :

Even RCR turns into husbands favour then also he is not entitled to claim that "No I wont give her maintenance".This is the fact because if a woman is not earning and even she loses RCR, she is very much eligible to claim maintenance from other sections of maintenance as well as interim maintenance U/s24 till disposal of any cases under Hindu marriage act.

Here, husband has to again prove her desertion and he can't stop Interim maintenance which will last till final adjudication.

So,Anyhow he has to pay interim maintenance till disposal.

--------------------------------------

 

Reading theory.....Applying theory........Inventing theory......Practicing theory.........Useful theory........Resulting theory.

 

PS:-Theory is the base of not only Lawyers but also to the judges. Those who says that theory not works in Indian courts are strongly bluffing their clients.

 

 

regards,

(ESIS)

 

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

 


Group:https://groups.google.com/forum/#!forum/498asaviours


Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

 

 

 

 

 







1 Like

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     03 February 2014

No use doing HA HA HA HA , THIS IS CRUELTY ON  PEOPLE WHO ARE SUFFERING .

 

GO IN COURT ANY WHERE AND THERE ARE CASES AND CASES WHERE BECAUSE OF LACK OF PROPER LEGAL ACTION UN AVOIDABLE HEAVY MAINTENANCE  IS GRANTED AND PERSONS HAVE TO GO ON PAYING OR FACE JAIL.  

 

THIS CAN SURELY BE AVOIDED BY LEGAL COUNTER ACTION AT PROPER TIME. OTHERWISE LIFE LONG SUFFERING.

 

COULD YOU JOIN A SINGLE SUFFERER AND COULD HELP HIM WITH ALL YOUR BLOGS AND WHAT NOT. 


(Guest)

No use doing HA HA HA HA , THIS IS CRUELTY ON  PEOPLE WHO ARE SUFFERING .

 

Opinion: That means you are suffering by RCR

 

GO IN COURT ANY WHERE AND THERE ARE CASES AND CASES WHERE BECAUSE OF LACK OF PROPER LEGAL ACTION UN AVOIDABLE HEAVY MAINTENANCE  IS GRANTED AND PERSONS HAVE TO GO ON PAYING OR FACE JAIL.  

 

Opinion: That's why my brother I have suggested you as above. Please open your eyes,shed your ego and read what are the consequences of RCR if not knowing the actual process.

Why RCR is Waste of Time and Money Against 498A,Divorce and Maintenance cases...!!

 

THIS CAN SURELY BE AVOIDED BY LEGAL COUNTER ACTION AT PROPER TIME. OTHERWISE LIFE LONG SUFFERING.

 

Opinion: Then what Iam saying that don't Fight and suffer life long....?

My bro...don't misguide yourself  ....!

Be on the Topic what I have asked you Above?

You haven't given your Answers yet.

And talking useless stuffs here.

Just chill out buddy.

Laughing is the best exercise.

Don't take everything on ego.

This LCI is a part of sharing knowledge.

So,Iam very much eager to know how you can save maintenance through RCR even when a women has 5 other ways to ask maintenance. Even though she is very much eligible to get Interim maintenance till final disposal of RCR.

Dude, Iam ready to have a healthy discussion on RCR........Come on Let's have One to one discussion here.




 

COULD YOU JOIN A SINGLE SUFFERER AND COULD HELP HIM WITH ALL YOUR BLOGS AND WHAT NOT. 

 

Opinion:  Haaaaaaaaa, Again you will say why Iam laughing.

Dude.....any endeavour doesn't go useless until and unless it is not done with a true thought in once heart.


Cheers buddy:))

Thanks and regards,

(ESIS)


 

1 Like

498aindian (other)     04 February 2014

yadanand is making fun out of himself ,he is talking about ESIS Blog,I think he is overlapped with zealous by seeing  ESIS contributions on this LCI

1 Like

fighting back (exec)     04 February 2014

ESIS has given a perfect reply......there is nothing that can be added here? his blog is perfect to understand the nitty grittys of law/

@ESIS....bro i have one confusion. though many experts have given varying replies, i want your opionion on this.

What if husband looses RCR, which is filed by his wife?

does the loss of RCR case, automatically dismiss his divorce case which he has filed?

there are contradictory replies i have received from experts and even my lawyers, so i want to know what does the law say?

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     04 February 2014

HA HA HA , first of all if you know you may differ and can give your contrary opinion. But using low language on public web site is offense, read the law books properly.

 

More over your contribution is extreme cruelty on people suffering in courts.

 

Have you given a single solution in any court case which are in hundreds in any court in India.

fighting back (exec)     04 February 2014

@ yadanand.....my dear friend, we can understand your frustration here, but what i could not understand from your sentance is 

"

"More over your contribution is extreme cruelty on people suffering in courts."

how can his contribution (ESIS) be of extreme cruelty on people suffering in courts? i dont get your opinion?

have you ever read his posts before placing your opinion here in the forum?  and why would he give a solution to any court cases running in courts? why would he comment on irrelevant topics? he would naturally answer questions which people ask him......

1 Like

(Guest)

@ Yadanand,

This is my last reply to you ------"an empty vessels sounds more". This proverb best suits on you.

And one more thing I am not interested in your Bakwas. If you have a query then ask me or else just do whatever you want. I know who are you--- a woman in disguise of man sent from either fake lawyers or from feminist group.

Iam not bothered about your envy or any stupid comments. I know what I am doing and all LCI victims/sufferers know what I have done. So,it will be better for you to shut your mouth and do any good work for victim's if you really want to win any body's heart.


God bless you...

 

 

@ Fighting Back,

What if husband looses RCR, which is filed by his wife?

does the loss of RCR case, automatically dismiss his divorce case which he has filed?

 

Opinion: My Answer to your query is Big NO.She can't automatically dismiss husband's divorce.


Reasoning:


1. When RCR is lost by Husband then Wife has a chance to go for divorce after one year of RCR decree but not to cancel the divorce of husband.


2.Now,here the case is opposite  as Husband had filled divorce not Wife.

So,from husband point of view still the case is in hand to prove his ground of divorce.


3. The judgement of RCR will make you to defend your divorce case against her. Because RCR is mere condoning petition from a spouse that he/she has done this this things but still i want to carry the relation.So,that doesn't mean that every thing of marital dispute has been mentioned in the RCR. Generally RCR petition carries very short form of allegations but a divorce carries full horoscope of grounds of divorce.

So, I will affirm my opinion that Lost of RCR doesn't mean that husband divorce will be cancelled.

My dear bro.. both are different cases by different person so how could you say that her RCR was equal and sufficient to defend your grounds of divorce.

You have still many more to explore in your divorce case, even you can add supplementary to your divorce petition alleging the recent facts developed after due course of time.


regards,

(ESIS)


1 Like

fighting back (exec)     04 February 2014

@ESIS....perfect and detailed explanation to my query....you may not believe but my so called 'experienced' lawyers were at loss of words when i put them this query which i raised. but they were just saying ' see that you dont loose the RCR, else your divorce case will go for a toss' this made me all the more confused. but now the picture is very clear.....thanks man........

you said right bro.......the 'Yadanand legal help' is 110% a woman in disguise, the way he/she is taunting every suggestion just goes to suggest that this is a former member of the forum who has some kind of problem when men try to help other men out......you guessed rright....no need to pay heed to such people..........

@YAdanand....or whatever your name is......you dont need to suggest what ESIS does, almost every member of this forum is grateful to him in oneway or the other for the immense knowledge which he has given here. he is really doing a selfless work..........

T. Kalaiselvan, Advocate (Advocate)     05 February 2014

In my opinion, the querist has been thoroughly misguided by his lawyer by filing RCR.  What was the necessity to live with her anymore when she has already inflicted lot of cruel injuries on you?, I your lawyer suggesting you to have a honeymoon with her despite her best possible cruel acts on you? namely 498a, etc., etc.,  Due to this blunder mistake you have to suffer one more blow namely interim maintenance u/s 24 of HMA, you do not think it will be safe that you will withdraw RCR so that you do not have to pay the interim maintenance ordered by the court in your RCR pending petition.  The court may not allow you to withdraw the RCR pending IA on interim maintenance order.  Think of an alternative.


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