RCR and DIVORCE

Jurisdiction of the Court:  Place of Marriage or where both the husband and wife last resided together

If B city has jurisdiction then, the divorce proceedings can be filed in that court.

Read if B city court has jurisdiction

Thanks the learned members for prompt replies.

City B does not have jurisdiction . Now the question is when RCR is passed in favour of wife then  can divorce be filed or not. ?

As per my knowledge divorce can now be filed when there is passage of 1 year time for RCR. Will filing of the divorce be against the priniciple of Resjudicata.? Pls reply .

No question of res judicata here, the husband can file for divorce even if the RCR goes in favor of the wife.

Bharti ji,

RCR is a kind of paper devree. But if Wife files for RCR and wins against the husband and if wife subsequently asks to execute the same ...and then if husband does not agree to comply with the execution of RCR then in that case  he can't be forced for that by law, but wife can, at the max, ask the court to bring charge on husband's assets and property and can order to attach the same.

RCR is a kind of paper devree.  Especially if Husband files against wife and wins against her, then in that case if the husband asks to execute it but wife refuses then no court in the world can force wife to go back to her husband. More or less husbands file RCR to create an easy ground for divorce after 1 year and after noncompliance of decree by either party. bcos after RCR husbands themselves generally take keen interest in reconciliation.

I understand following... from you text.

wife filed for RCR in city Aand Husband contested it  

Wife won the RCR.

And now Husband has filed for divorce in city B against wife. It is allowed. if it has the jurisdiction from husband's side.

If the husband had filed for divorce as a counter to RCR while contesting the RCR then Both wud have automatically got decided in one city A or B based on the adjudication of 'where both petitions shud be heard together'.

bcos after RCR husbands themselves generally DON'T take keen interest in reconciliation.

Hi please help me in this situation,

 I have sent an legal notice to my wife to return back to my matrimonial home with in 2 weeks as she did not turn up, my advocate called my wife and they replied we want to apply for divorce and am applying for RCR, what will happen next ......

Please suggest me on the details of my problem

need your valuable suggestion for the above....

Marriage was fixed through matrimony website,my self was working on behalf of icici bank personal loans and was earning well, i told a lie that i have completed degree, but i was having arrears,i did not consult my family for marriage, my wife had a brain tumor knowing this i married her, my family members said no for the marriage, and considering my wife health i asked my father in law to see a house near by them,but unfortunately every thing went bad first i got a loan from my father in law of rs 50000 before marriage, because my father was not financially sound to conduct the marriage,to buy dresses and mangal sutra for my wife for that purpose i borrowed from my father in law,without any interest, and i lost my job in icici after marriage and suffered for 6 months without a proper job so i pledged my wife jewels with her permission for 1,00,000, for which i gave a two blank cheque ,with interest from his friend both are state government employees, without a proper job was paying principal and interest , and my father in law threatened me that i will put a case by depositing your cheque ,for not paying the interest and principal, father in law does not believe me in sending my wife for a living . she had a brain tumor before marriage and i married her by knowing this, due to financial problem i pledged my wife jewel including( 150000). they even taken my jewel which they offered me on my marriage , i want a solution to live with my wife, they tortured me like anything because of this me and my wife got fight between, now they dont believe me sending their daughter with me , i want a solution whether to live with her or to divorce her.even my wife nodding her head what his father say . if she comes and stay alone with me i will take care of her, he used abused words to me and to my father, please suggest me what to do and now i have settled 60k out of 1,5 lakhs .they have taken all the things which they offered me on marriage like fridge, TV, washing machines and other house hold furnitures i have even given my wrist watch which they presented me on my marriage, i dont want their money and other things , am not money minded , my father in law gave me the loan through their friend both are in state government my father in law also done BA LLB , i need a solution for this big problem,i want to live with my wife permanently in my place but they are asking to stay near by them, i think this is not fair,please suggest me on this,
even i went for compromise talks and they are not even bothered about their daughters life please suggest me what to do
Recently i asked suggestion to a lawyer he suggested me to file RCR and but i consulted with my family members they said no for any legal action let them come for solution, please suggest me how to handle this situation, am facing multiple problem in this case
1. I borrowed money
2. they are not allowing my wife to stay with me and on condition they are asking me to come and stay near them
3.they are not respecting my parents when they speak about solution and about compromise
4. Torture from loan lender that i will put your cheque in court
please suggest me on this

Thnks a lot Sir,

The problem is

: husband got a expartie divorce decree in city B by fraud .

During this time of divorce proceeding wife was unware of divorce proceedings in city B. She filed RCR in city A where she was with her parents . Husband kept coming to contest RCR but spoke nothing about divorce.

After limitation period passed husband files a false complain to police  that the girl had followed him in city A during court date and beated her and mentions that he was divorced from her .

wife files order 9 ,rule 13 to vacate the expatie and also sec 5 to codone the delay in city B.

husband completely vanish from RCR case in city A and expartie RCR is passed in wife's favour after even knowing the divorce considering that the divorce was fruad and not applicable to the marrige couple.

Meanwhile city B court also set aside Divorce ........

I dont know what to do know .....

regads

bharti

Section 9 of HMA, in actuality, is a means of saving the marriage, it is in a sense an extension of sub-sections (2) and (3) of section 23 of the Act which encourage reconciliation by the court. It is the policy of the Act that the parties should live together and assist in the maintenance of marriages.By enforcing cohabitation, the court is serving this purpose of the Act.

Further, it is criticized on the ground that it allows the withdrawing spouse to take an advantage of his own wrong, which is against the scheme of section 23 and allows him/her to apply for a decree in case of non consummation of the marriage within one year of passing of decree.

Further, recognizing non-consumption of marriage after 1 year of passing of Restitution Decree as a ground of divorce enables the aggrieved spouse to apply to the court for maintenance under section 25; and maintenance pendente lite may also be claimed by making out a case for the same as provided in section 24. This enables a wife, who does not desire disruption of the marriage or even judicial separation from the husband, to secure provision for her support by an order of the court under the matrimonial jurisdiction conferred on it, instead of filing a suit for maintenance under the law relating to maintenance now embodied in the Hindu Adoptions and Maintenance Act 1956

Kushan ji,

Actual implementation of law (more than 80% of the laws) is quite different than what was envisaged while making the law. 

There is hardly anybody now a days who promote and spread the original 'essence and spirit' of any legislation and the intension and purpose of bring a perticular law.

After a law gets passed, people forget (lawyers make them forget) 'with what intensions' the legislature braught the law, n the first place.

Then the actual implementation happens in such a twisted manner and loopholes are misused and whole thing gets merky with 'caselaws' which rather confuse the whole intension of bringing the statute and hence many a times statutes become redundant and futile.

No law can achieve 'patch-up' of minds of spouses, forcefully vide a decree, in a the marriage which is on the path of break-up. 

At the max, the law can deny the the party who is taking advantage of own wrongs in 'fault based' divorce.

Though the intension of Mutual consent Divorce was completely different, people have started using that option as a 'mandawali' technique' to circumvent the trial on 'fault theory' . 

Hence MCD is done more or less not by force but  by 'reluctance and helplessness' (tactfully and using delaying and harrassment techniques!! )

MCD has become a bargaining technique and .....

if bargain fails then people go to court.