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Dino Mackenzy (Delivery Head)     16 November 2013

Withdrawing restitution of conjugal rights (rcr)

Hi All, I am fighting against false cases filed by my loving wife under IPC 498a and others. I have filed Restitution of Conjugal Rights (RCR) under HMA section 9 as per suggestions from my previous lawyer. There is no hope that wife will return to marital home and also husband is not willing to take his wife back even if she is ready. It’s been more than 8 months now and I have not got expected outcome from case so far. So I am feeling like wastage of time and money. I wish to know if it is a good idea to withdraw RCR at this stage. As per law I am having full rights to do so however I am asking this question from strategy point of view. Note that wife has already filed various maintenance suites under DV Act section 12, HMA section 24 and CrPC 125. I would appreciate if you could provide me your strategic opinion if withdrawal of RCR will have an impact on these maintenance cases in any sense? Thanks, Dinesh


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 6 Replies

Adv Aneesh Trivedi 9424449500 (Advocate)     16 November 2013

arey wife ne jab sari missiles chala di hai aap ke upar to aapka ek hi hathiyar bacha hai RCR wo bhi aap wapas le rahe ho ?

RCR jeetne ke kai fayade hai, jab wife aana hi nahi chahti to aap RCR jeet gaye. fir wapas kyon le rahe ho jab last staage me pahuch hi gaya hai to use pura apne favor me lo.

agar aapne RCR sabse pehle daal diya tha to use to ab wapas bilkul na lo usi ko jeetne par concentrate karo,

kanuni ladai step by step jeeti jaati hai, disturb nahi hona ......

agar RCR haar bhi gaye to nuksaan nahi hogai , jeetne par fayada jarur hoga mujhe hua hai , ho raha hai....


(Guest)
Originally posted by : Dinesh(NeverGiveUp)

Hi All,
I am fighting against false cases filed by my loving wife under IPC 498a and others. I have filed Restitution of Conjugal Rights (RCR) under HMA section 9 as per suggestions from my previous lawyer. There is no hope that wife will return to marital home and also husband is not willing to take his wife back even if she is ready.

It’s been more than 8 months now and I have not got expected outcome from case so far.


What do you mean by expected outcome?  Your wife should withdraw 498a and come sobbing to you fall to your feet and say am sorry dear, please accept me back????

 

So I am feeling like wastage of time and money.

Exactly, filing for RCR itself is waste of time and money.  When you know that the good for nothing wife is good for nothing what good did you want to happen to you when you filed RCR wanting her to come back??? RCR itself is good for nothing just like your wife!



I wish to know if it is a good idea to withdraw RCR at this stage.

The moment your wife filed 498a you should have withdrawn RCR petition and filed Divorce petition stating the fact as to why RCR was withdrawn in divorce petition itself.  Eg.  State in divorce petition that dear wife turned into a devil when she filed a 498a, hence RCR was removed.


As per law I am having full rights to do so however I am asking this question from strategy point of view.

What strategy I fail to understand.  One side devil wife has filed 498a, do you really want her to come back?  If so, then you should really be madly in love with her.  If you do not want her to come back and suppose after you withdraw the RCR and she in turn files a RCR, you can always have the alyby to save your arse saying, lovely wife you filed 498a so no re-entry into my life is possible ever again.


Note that wife has already filed various maintenance suites under DV Act section 12, HMA section 24 and CrPC 125.

Let her file same appilcations in different courts one more time asking for maintenance, you make merry, dont worry you need not have to pay maintenance under different sections of law.  Maintenance under only one section.  Even if awarded under 24hma, judge cannot order according to his wish under 125 crpc, he has to take ratio and then order.  For eg:  Under 24 HMA 2000 awarded, then judge can order max 1000 rupees under 125 crpc and not 2000 or more...



I would appreciate if you could provide me your strategic opinion if withdrawal of RCR will have an impact on these maintenance cases in any sense?

Thanks,
Dinesh

 

Dino Mackenzy (Delivery Head)     18 November 2013

Thanks '498A fighter' and 'Helping Hand' ! for your valuable thoughts. I will assess my situation and take decision based upon inputs supplied by both of you and other guys J

 

Cheers,
Dinesh

Shatabdi Giri   30 October 2018

Please anyone help me to draft an affidavit to withdraw My RCR

Shatabdi Giri   30 October 2018

Please anyone help me to draft an affidavit to withdraw My RCR

Shatabdi Giri   30 October 2018

Please anyone help me to draft an affidavit to withdraw My RCR

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