Matrimonial dispute - rcr or divorce
Querist :
Anonymous
(Querist) 13 November 2018
This query is : Resolved
Dear Sirs/Madam,
Have filled RCR and it was pending in court still since May 2018, in lieu course if i file a Divorce petition, do i need to pay the following below as quoted by opposite side.
1. (15 lakhs - Marriage Expenses)
2. 10000 INR -Monthly maintenance where she earns Rs.65,000 in IT Firm (Pay slip is available)
3. Share in the current residing house - Loan based on myself and the respondent - her claim is since the duration bank has given loan based on her salary and my salary capacity.
Questions
*will she eligible for reimbursement of marriage expenses at current scenario –of RCR Terms
*Will i succeed from paying maintenance since she is a working women
*Will i need to face the trouble of black-mail for share of house since the property is in joint name.
Trusting the experts in Lawyers Club, i bestow upon for a solution which will help in fixing my mind and go for the positive decision
Please help
Thanks
Vijay Raj Mahajan
(Expert) 13 November 2018
RCR petition is not right petition to file if you are looking for dissolution of marriage.
As far the paying marriage expenses to wife is concerned that cannot be enforced by any court to pay her, that amount or any amount can be paid by you if there is any settlement for divorce by mutual consent between both of you.
As far maintenance of Rs10k to wife whereas she has income of Rs65k per month, there is bleak chance her to get any order for the same.
As far her share in the house property which has her name as co-owner, she can claim and get equal share in it. Her contribution as to nill for cost or emi payment will be your argument but with her name attached to it make her co-owner that cannot be ignored by the court.
You will have to workout this issue too like the first one at the mediation process during divorce proceedings.
SHIRISH PAWAR, 7738990900
(Expert) 13 November 2018
Your wife will not be entitled for reimbursement of marriage expenses and maintenance if she claims the same. It seems that your wife is joint owner of property so in that case she is entitled for share in the property.
Kumar Doab
(Expert) 13 November 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 13 November 2018
Apparently RCR is siuugested to you by some Advocate at some forum like LCI or LOCAL at your location.
If both spouses stay together and don’t separate /divorce then why marriage expenses should be paid by one spouse to another!
Earning spouse may/may not get maintaiance per facts of the matter placed before court. There are precedences on courts granting mainatainance to earning spouse by one spouse to another (husband or wife) and declining also.
The court has the powere to ask for producing correct details of income, salary slip/income details from establishment..and/or estate..
Either spouse can also puruse RTI route to get (latest) income details..
The share of Co-owner is intact. Court may…….may decide to sell and devide per facts of the matter agitated before court. If loan is paid/expenses shared equally by both spouses then atleast one spouse may not need to pay anything to another on this part.
If mainatainance/alimony is decided by court in favor of one/either spouse and is not paid then court may…..may decide to recover from estate/property of other spouse.
Either spouse can decline to stay with other spouse
You may also pursue Apex Court Judgment ; Wife is not Chattel..
Divorce is to be pleaded on some grounds; contetsted on cruelty/irretrievable break down of marriage…or MCD.
If both parties can crease the differences and agree to save marriage and stay together then IT is good
And if IT is not possible both may agree on MCD on mutually acceptable/reasonable terms
Or pursue route of contested divorce
Kumar Doab
(Expert) 13 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g;, Family/Civil courts, HC, SC …
You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably specializing in Family/Civil matters.
Kumar Doab
(Expert) 13 November 2018
In the meantime you may go thru Articles under my profile and pick up relevant points;
Spouse of employee in marital dispute can get copy of 'Dowry Declaration signed by employee'
Court can Grant Divorce even if the facts of the case do not provide a ground for the same
Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!
Spouse leveling false accusations against the other spouse is a ground for divorce
Withdrawal of consent for divorce
Wife's Capability to Earn: Is No Reason to Reduce Maintenance Awarded to Her
Unilateral Backing out of the Mutual Consent Divorce petition is Mental Cruelty
Son can divorce wife if she tries to separate him from aged parents
Keep on pursuing judgments, latest judgments in cases of marital discord.
One should not run to courts empty handed and should gather irrefutable evidences, unshakable witnesses.
Approach a very able LOCAL counsel as already suggested.
Such counsels won’t render bad advise and waste your time and money and rush the client to courts.
Kumar Doab
(Expert) 13 November 2018
In the meantime you may go thru Articles under my profile and pick up relevant points;
"Spouse of employee in marital dispute can get copy of 'Dowry Declaration signed by employee"
"Court can Grant Divorce even if the facts of the case do not provide a ground for the same"
"Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!"
"Spouse leveling false accusations against the other spouse is a ground for divorce
Withdrawal of consent for divorce"
"Wife's Capability to Earn: Is No Reason to Reduce Maintenance Awarded to Her"
"Unilateral Backing out of the Mutual Consent Divorce petition is Mental Cruelty"
"Son can divorce wife if she tries to separate him from aged parents"
Keep on pursuing judgments, latest judgments in cases of marital discord.
One should not run to courts empty handed and should gather irrefutable evidences, unshakable witnesses.
Approach a very able LOCAL counsel as already suggested.
Such counsels won’t render bad advised and waste your time and money and rush the client to courts.
Sudhir Kumar, Advocate
(Expert) 14 November 2018
RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.
This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.
Dr J C Vashista
(Expert) 15 November 2018
You have been misguided by your counsel with respect to filing RCR petition, although husband has no other alternative.
Payment of maintenance, alimony etc. depends upon various factors such as financial status of parties (especially husband), bargaining power of parties, involvement of family members/ friends in resolving the dispute etc.etc.
What is the opinion and advise of your lawyer, whom you have engaged, who is well aware and better equipped with facts of case in comparison to experts on this platform (dependant upon limited information posted by you) ?
Why do you prefer to remain "anonymous" author ?
Kumar Doab
(Expert) 16 November 2018
Your counsel can help you with further info that may be required per facts of the matter.
In the meantime you may go thru;
Bombay High Court
Sudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar
The Family Court has rejected the claim of Rs. 31,876/- which was incurred by the parents of the' applicant-wife for the purposes of marriage expenses on the ground that there is no provision to return such amount.
https://indiankanoon.org/doc/462782/
Querist :
Anonymous
(Querist) 16 November 2018
Thanks for your time and support sir
Querist :
Anonymous
(Querist) 16 November 2018
The painful thing is courts are encouraging those type of people and give continued adjournments and also encouraging to ask whatever the money they claim and extort. My only concern was if I file a divorce petition I would be facing a situation to pay even they may ask to sell my property which is loan and to pay them. In recent trends it is a fashion to extort others money which is hard earned. Only judicial courts has to be unbaised in those HMOP cases.
Thanks
Regards
Vishwanath
