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Anonymous1 (fjslfj;)     27 September 2010

RCR- Clarification

Hello All,

 

 

Husband and wife have been living separately for 5 months. Husband files an RCR but doesnot post it send it to the wife. What are the legal implications? would this be a good supportive document to establish that the husband did want to stay togather?



Learning

 7 Replies

Suchitra. S (Advocate)     27 September 2010

It is as good as he has not intiated any action. The summons has to be served to his wife after he files RCR. 

Anonymous1 (fjslfj;)     27 September 2010

Thanks for the response!!

 

What if the husband states that the RCR was sent but not sure why it didnt reach the wife's address??

Suchitra. S (Advocate)     27 September 2010

He cannot say that. He has to produce acknowledgement to show he has sent the same to the appropriate address. In case she does not appear even after the summons has been served, , then court will grant exparty orders in your favour.

R.Ramachandran (Advocate)     27 September 2010

Still the same effect.  Suppose your wife says that she has posted a letter saying that she is ready and willing to live with you.  You will say that you have not received such a letter.  But she will say that she has posted but she does not know how you did not receive it. DOES THIS SORT OF CONDUCT AND ARGUMENTS LEAD YOU ANYWHERE.

After all, any communication to be meaningful should be served on the other party.  There are declared / approved  modes in which the communication can be served or deemed to have been effectively served.

As such, if you have clear intentions to press for RCR, then ensure that the requisite application / documents reach your wife. 

Anonymous1 (fjslfj;)     27 September 2010

Hello All,

 

The husband doesnt have any intentions of joining back. he wants to file the RCR only on the safer side just to make sure the wife doesnt file any false 498A case against the husband and avaoid the torture of being harrased and jailed


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