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(Guest)

Queries regarding RCR

Hello All, I need some help. My Wife left me on 12th Feb. I am from Bangalore and she from WB. I have send her a legal notice and requested me to join after many tries to bring her back on 12th April. She has resonded me with CRPC 125 and put lot of false allegation against me and told me to apear in the court with some date in her hometown and asked maintainence of 7K. I am now going to file RCR and tell her to come here. She will have to come to Bangalore and be present in the court. Now the thing in no way I am going to go there to fight the case there becasue there family is not good and can do anything. The marriage was a simple marriage and she has put in the CRPC petition that I have not asked for any demand in marriage. Basically I am in no interest to stay with her and at the same time I have not filled divorce because as mutual divorce is better. So my question is : 1. When she came to Bangalore she was working in Bangalore and before marriage also she was working. We shared a joint a/c and where her salary was credited and I can show the a/c statement for her cheque.Which will prove her employment before she left and she is capable of marriage.Will it help me ? 2. Also my father had one shop and he is no more now and this shop is not in my name and she has put that i get 15 K/month from the shop which is false.I have my IT(2009-2010) and Form 16 as per my PAN card and it has only my emplymeny income.WIll it help ? 3. I have her Resume where she has put all her exp and education.Showing this will it help. 4. She had put some Salary/month for me and I am getting less than that.Will it help. 5. Also in RCR they will send to the mediator first ? How can it be helpful ? My end goal is I wil not be able to stay with her as relationship be on believe.love,affection and all that is lost from my side to her. How should I proceed. 6. If she cannot prove the allegation she has put on me in court than can I file any case against her.If yes how ? 7. Will court accept her request for 7K or court will look in all the above details of the income and her emplyment and she is capable of income. 8. In RCR if she is not willing to stay and also not wiling to give divorce then what next ? Will it be hanging? 9. Is it true if RCR decese is in my favour than after that if she doesnt comes back to my place within 1 year.After 1 year I can file divorce and get in my favour? 10. If they dont come to court after RCR is filled in court then what happens ? 11. I will be filling the RCR before then CRPC 125 proceedings and if she come here in any case I will have to go there. 12. If I dont go to the court can I give the authority to a lawyer to do it and if yes how ? Pls help me with these queries.



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 1 Replies

R.R. KRISHNAA (Legal Manager)     04 May 2010

Reply querywise:-

 

1. Though you can prove that she was employed during her stay in Bangalore you have to give maintenance if she shows to the court that she is not employed presently.  But in case if she is employed presently and earning a decent income you need not pay any maintenance.

 

2. Yes the proof in your hand would help you.

 

3. If she is able to show the court that she has no means of income and no job then you have to pay maintenance and showing the resume will not help you.

 

4. If she is earning now then you need not pay maintenance.

 

5. It is better to compromise with her and fulfill her demands.  Because life without partner will be more horrible in the later days.  You have to make adjustments with your wife and compromise on things to lead a happy life.  I suggest you to approach and speak to her and hear her views and consider them with affection.  If you both discuss openly there is no need for mediator or anybody.  It is true that in RCR a mediator will help you.  You can take his assistance.  But before filing RCR try to take your own steps to bring her back home.

 

6. Filing cases on each other will only damage the relationship further.  It is best both of you forget your faults and see the positive things in each other otherwise life will be difficult for each other and for both the family members.

 

7. Yes the court will look into the details of income and the actual maintenance required by her and may deny maintenance if she is actually employed and having sufficient funds to maintain herself. 

 

8. If she is not willing for RCR and not giving divorce then you have to file a divorce petition and contest the same and get the divorce.  There is no other way out.

 

9. Yes. True.

 

10. The court will grant you an exparte order on RCR and if she fails to comply the RCR order then you have to file divorce petition.

 

11. You can file RCR in Bangalore but if she files a transfer petition to transfer the case to WB then your case will be transferred to WB.

 

12. Your presence is important in family court.  You cannot authorize your lawyer to attend to this.  In certain matters power of attorney can be given in favour of relatives to attend on your behalf.


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