Rcr and divorce
Kalpana
(Querist) 03 June 2019
This query is : Resolved
Sir 5months back I filled divorce and my husband filled rcr...but ambically solved issues so I got my case withdrawn with a joint memo..but his rcr is still pending but we are living together. .I have a doubt regarding the following.
1.whether my husband can stop me from seeing my parents.
2.whether can he stop my daughter seeing my parents.
3.if he is calling me for case with drawl with a written statements..in what ways I shall be safe.
Please guide me sir..
Vijay Raj Mahajan
(Expert) 04 June 2019
When you both are living together the petition for restitution of conjugal right becomes infrastructous and you should appear in the court and inform the Principal Judge of the Family Court about the resumption of conjugal relationship between you both.
No one can stop you for meeting your parents and other relatives, if your husband doesn't want to meet them it's his wish, but he can't stop you.
As far meeting the child with your parents is concerned, the right on the child exists for you as well as your husband and you can always insist for meeting of the child with your family members as that is happening with his family members.
Sudhir Kumar, Advocate
(Expert) 04 June 2019
1.whether my husband can stop me from seeing my parents.
2.whether can he stop my daughter seeing my parents.
NOWHERE ON EARTH.
Sudhir Kumar, Advocate
(Expert) 04 June 2019
3.if he is calling me for case with drawl with a written statements..in what ways I shall be safe.
PLEASE DECIDE WHAT YOU WANT . YOU WANT DIVORCE OR PEAVE.
Dr J C Vashista
(Expert) 04 June 2019
Whether your husband (petitioner in RCR case) has intimated the Court qua your staying with him? If not, tell him to get it recorded so that the petition can be disposed as "withdrawn" or "infrastructures" as the case may be.
2. Q 1 & 2 answer is big No.
Q 3 Seek advise of your lawyer who is well informed about the facts of the case, able, competent and intelligent enough to satisfy your queries.
Kalpana
(Querist) 04 June 2019
Thank you so much for your answers sir...
Am calling him for with drawl but he has not taken any step to inform in the court..
Sir am not forcing him to see my parents...am not taking any money from him to see my parents..the journey fare is also given to me by my parents to go and see them..in this case he is just stopping me and my daughter without seeing them....in what way I can resolve this...can I convey this to judge when if he calls me for the court...what will be the solution for this sir...
Please help me....
SHIRISH PAWAR, 7738990900
(Expert) 04 June 2019
Inform court that you are staying together. Try to amicable settle the issues by involving your parents and your in-laws of meeting to your parents. As you have settle the issues with your husband it is better to resolve the other issue amicably.
Kalpana
(Querist) 04 June 2019
Sir he is not accepting with my parents. .itz since 5 months I met my parents...was allowed to speak through his phone where he records my call with my parents. ....
Dr J C Vashista
(Expert) 05 June 2019
@ Kalpana,
No legal way to convince, persuade or compel him to see your parents.
It is you, yourself, daughter or some else may create "some" love and affection in your husband to see/ take care of your parents.
Take care of yourself, your daughter, husband as well as parents, none else can do anything for you. But do not get entrapped in legality of any such issue(s).
However, with the passage of time circumstances may change, which do never to be so for ever.
Best wishes
Sudhir Kumar, Advocate
(Expert) 05 June 2019
It may help if he spends a few nights in lock up for which he is giving you emple material
but
you have to decide
WHAT YOU WANT
Kalpana
(Querist) 05 June 2019
Respected dr j c vashista sir..
Am not compelling him to see my parents. ..I myself and my daughter alone...my mother in law abuse me both mentally and verbally but still am residing for the sake of my daughter when am with this arrogant mother in law ...why does he stop my parents from me...how can I proceed this in the court to get permission to see my parents if he is calling me for his with drawl of rcr..
Shashikant V. Patil
(Expert) 06 June 2019
Its very sad to hear from you sister Kalpana, that you too have a crooked mother in law, this is fate to many of our sisters like you face many restrictions by this women's is a tragedy, but never loss your hopes, have a patients situation may change in your life, You try to win the confidence of your husband.
Shashikant V. Patil
(Expert) 06 June 2019
Its very sad to hear from you sister Kalpana, that you too have a crooked mother in law, this is fate to many of our sisters like you face many restrictions by this women's is a tragedy, but never loss your hopes, have a patients situation may change in your life, You try to win the confidence of your husband.
Kalpana
(Querist) 06 June 2019
Sure mam....but this is totally unfair...when I adjust with that toxic mil...y cnt I see my parents. .if..Am going to inform about this in the court will they give me any visiting rights like that or any permission
Hemant Agarwal
(Expert) 06 June 2019
1. IT was a gross mistake to withdraw the "divorce petition", more so when you are forced to live in restricted terms of your husband. Withdrawal of "divorce petition" does not legally mean that you have resumed with Husband. Legally, you could still be in your parents house.
2. IF Husband is not withdrawing the RCR on court record, THEN it still means that he still has the upper hand in court, by stating that you are uncooperative (for which you cannot have any proof /evidence, as of today). Legally, you could still be in your parents house.
3. Further, "IF" things can be sorted out with the obviously suspicious Husband n Family, THEN too it is your prudent duty to "temporarily" abandon your adamancy to visit /talk to your Parents and instead look at your "loyalty & priority" to your own married life & home which is a permanent home. Your Parents home cannot be your permanent home & neither your parents could ever want it to be, in Indian situations and neither would it serve any futuristic purposes. BOTH OF YOU MEET A PROPER MARRIAGE PSYCHOLOGIST FOR SUCH PURPOSES.
INTROSPECT & SUGGESTION:
4. Decide your loyalties & priorities of married life, your children life "verses" the consistent & adamant craving of meeting /talking /visiting parents "verses" engaging yourself in legal hassles "verses" any gain that you or your husband could benefit from ! ALSO think whether you consider your marriage /husband /child as a JOKE !
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Kalpana
(Querist) 06 June 2019
Yes sir be Levington him I did a big mistake by withdrawing my divorce petition. ..my mil verbally and mentally abusing me since my parents are not in contact with me...So she is using that and scolding me because nobody is there for me to ask from my side..and always she is saying that am an orphan
Kalpana
(Querist) 11 June 2019
Sir please give me a solution to meet my parents....is there any legal ways because my mom is not well..they are not allowing me to see her
Kalpana
(Querist) 11 June 2019
Sir please give me a solution to meet my parents....is there any legal ways because my mom is not well..they are not allowing me to see her
