Urgent help needed to reply to rcr

What had happned its a lenghty one to tell, the girl whom I marry was by arrange mariage and she did not want to marry me and her parents forced her to marry me and the result was that since day one of coming with me, first me took her to live in my parents house, she always kept quareling, shouting at my old parents, finding faults with little reasons, and threateining to give dowry case complaint, eat sleep, shout this mch she did and she went away for sometime to her parents house and did not come back, somehw I asked her to return, inspite of knowing that she dont like me, and she dont want to come back, now I had to make a seperate house as she already threaten me and my parents to put in jail by putting case on us, so made seperate rented home.

there also she not keep quiet.  she no prepare food, she no do hosehold work. All i onli do.  I spoke to her but she adamant. I spoke to her parents who pretended that they have given words of wisdom toher. Again one day she went telling that she watn to be with her parents for some time and did not return. meanwhile she  spread rumor that me hit her bbeat her so she dont want to come back.  but this time her parents were adamant, they wanted her to go bck to me and live with me somehow.  Now remem I took rent house, and was staying alone there while she had gone. 

She dint come back nor did she show any signs of coming back.  and finally one day she said she wont come  back.  So I vacate that house.  Now after nearly 3 months she come back suddenly again back to my parents house and demand that she stay ther and that my parentss look after her or else she give complaint.  Now again me made one more rented house immediately, that was hell of a job. Again we shifted to new place.  By this time I had given up asking ehr to do things at home.  I barely used to spek.  I work in a company doing nite shift. That was another headache.  Now she started new song. 

That me leave this job and get some other job or be ready to go to jail.  I told her cant.  Pls adjust.  Cnat get job new one so fast.  One day she call me while me at office. nite shift start at 930 she call me and tell she severely ill and that I come immediate.  I went home. See that she is perfectly fine.  Now she start screaming banging her wrists breaking bangles and shouting atop voice.  Now neibor wake up.  All come.  Ask wat happen.  She simpli tell.  My husband give torture to me by beating.  All come.  All beat me. They call police. Police took me along with her. 

There she sit next to me in police station.  Me tell her wat did i do that you give complaint that too false one in the midle of nite.  Police ask.  Lady police also ask her wat happnd. and to tell truth.  She tell me no beat her. and that simpli we had a fite in house about dinner. So police took her complaint. took my reply to complaint.  took signature on compromise letter and sent.  This happnd thrice.  After all this I felt I cant live with this girl.  So filed divorce.

Sujoy,

I am not a legal expert but  is facing RCR myself. I have talked to a few people for my case and am passing gist of  knowledge in case it can be useful to you.

First thing to decide is whethere you are ready to live with the lady or not. Based on the anwer of the question our approach will vary.

Answer could be

1. No, don't want to live with her.

2. Want to live with her but with conditions.

3. Ready to live with her.

Let me take each of the above and say how RCR response will look like

In  "1. No, don't want to live with her."  there could be two approaches, 

- One you rebut the charges she has put in RCR put your additional charges from your side including false cases of DV and police complaint. As last point of your reposne you say that iyou have to undergo torture and harrashment  while living with your wife for no fault of you. You also aprehend that the problem will continue going forward if you are forced to live with the lady.  In the prayer you say that "FRom the above it becomes clear that living with the lady is undesirable and thus prayer for RCR should be rejected."

- Two, this is slightly cunning approach designed to say that you were still ready to live the lady but lady does not agree to you some basic requirements. You will do reply exactly as you did above  last few points will differ. In  last few points you will say. 

     i. Despite all acts of cruelty you still loves your family.

    ii. You feel that the reason for weird bahaviour of your wife is her physicatric issues, shorttempertdess, uncotroleed anger or similar other mental illness.

and then you will plead  something like this

"Therefore respondent submits through this prayer that  if petitioner is ready to take back all wrong allegations including ones pointed out  above and in petitioner’s previous submission to the court, and is ready to undergo psychiatric evaluation and treatment,  and becomes mentally healthy, and  generates confidence in petitioner that she is not going to misuse the law and drag him or his family in false cases, respondent is welcome to join the petitioner. If not then your honor be pleased to disallow the petition for restitution of conjugal rights and allow the petition of divorce and other prayers of applicant.  "

As you can see above prayer is designed to put reasonable conditions in a nice way. Idea here is to put conditions in a such way which looks genuine and at the same time she will never agree to them. So it is she who will refuse to co habit and not you.  This will help you in Divorce case in case it comes to that stage.

Now approaches in other two cases are straight forward.

In "2. Want to live with her but with conditions." you can put those condition in your response and make pleadings. You may tailor pleadings given above to put your own.

 In " 3. Ready to live with her" you should not counterallegations and  in your prayer  you say you are ready to live with her.

Dear sir,

Thank you for your precious advice.  I have already put all the proceedings of the DV act case as well as the police complaint details along with accusatoins made by her towards me and my parents.  I know for sure if I accept her back, the very next moment I end up in jail.  Living with her is like comiting suicide.  Most unpredictable woman she is.

I also did consult my lawyer.  He tell, while the divorce case is pending, the court cant force the husband to accept wife under any law, that too when wife has put DV case against husband and her inlaws.

But like in the DV act case, the judge there forced me to take her back.  If not, be ready to be in jail for some time. Thats what he told.  We went appeal almost a year ago, and now that appeal has been allowed and the case has been set aside.  Now as wife has put RCR, and if judge says that take wife home, failing which what would the judge do.  What am most scared is goin jail sir.