Divorce rcr and dv
ramakrishna.r.b
(Querist) 11 December 2014
This query is : Resolved
In my previous question I had mentioned that my daughter's dv case got dismissed. All the expert lawyers have asked me to express the reasons for dismissal.
The exact reason for dismissal judge remarked is that we do not have evidence to prove that violence has taken place. Hence Judge has dismissed the entire dv case from sec 18 to sec 22. We filed both dv and divorce caseat the same time in district court and family court res. After that in reply to divorce case the respondent has filed RCR.The Petitioner i.e my daughter does not want to join the respondent under any circumstances. She is telling she will commit suiside if we force her as the Respondent is extreamly crooked, excellent lier, best saddist in the world, always suspicious, quarellsome and a big rowdy. DV case is dismissed and we are yet to file objection for RCR. I feel we will loose divorce case also in the same pretext as both the petitions are are almost simillar.
Now I want to ask all the experts one question
Both RCR and Divorce case has been filed in the same court. Suppose we do not attend any hearing of RCR what will happen? Anyhow she never wants to live with him at any cost that is for sure. Will the RCR gets dismissed if we do not attend ? bcoz the respondent is a worst fellow and he even teases the Petitioner if he sees her in the court hearings and she feels affraid even to attend any hearing.Resondent has won the DV case by telling lies and tipping the Judge and our lawyer which I came to know now.We do not want any alimony nor our jewels which are with them. We want only divorce and not a single rupee from him.But the respondent is bent upon not giving divorce at any cost bcoz he is jealous that she may get married to someone else if he gives divorce.Divorce and RCR are pending in the family court since Oct 2013. I humbly request all of you to suggest me correctly as to what to do, bottom line we want Divorce at any cost.We are spending sleepless nights thinking about the same. None of us have peace of mind.My daughter is extremely honest, straight forward and very good girl. But GOD punishes only honest people more it seems.
ajay sethi
(Expert) 12 December 2014
if your daughter does not attend RCR case husband will get an exparte decree . but wife cannot be forced to stay with husband .
if your daughter streedhan is with her husband she should have filed 498A case against him .
you can also go in appeal against order of dismissal of DV case
ramakrishna.r.b
(Querist) 12 December 2014
Sir
What is the use of going for an appeal when dv case is dismissed. It simply consumes another 2 years in session's court and after that if it fails there also due to lack of evidence we have to go to high court on appeal. Please suggest me how to get his RCR dismissed so that we can try to win in divorce case. If exparte decision is given he may come and force her to live with him. He is a big rowdy and we are really affraid.
ajay sethi
(Expert) 12 December 2014
husband cannot force wife to stay with him in RCR case you have to plead on account of reasonable cause it is not possible to stay with husband
Guest
(Expert) 12 December 2014
Better approach your problem with humanity
Rajendra K Goyal
(Expert) 12 December 2014
If you do not attend the hearing, ex-party RCR would be granted. RCR is toothless and can not force your daughter to live with her husband.
Your daughter should file case of maintenance and 498A and claim her stridhan.
Your eagerness or intention can not force him to accept divorce. Common family friends can explore the possibility of Mutual Consent divorce.
You have to file cases at your place. Also move to appropriate court to transfer RCR to your place.
V R SHROFF
(Expert) 12 December 2014
Fight RCR ; Though it is useless Litigation.
DV rarely fails: in ur case?????????????
Divorce , try your level best
File 125 ce p c if not earning
ur Query too long to read..
ramakrishna.r.b
(Querist) 13 December 2014
If he wins Rcr and my daughter does not join him how long this can be prolonged and can he claim any compensation from my daughter. When automatically Divorce will happen?
ajay sethi
(Expert) 13 December 2014
if your daughter refuses to rejoin her husband even after decree of RCR is filed her husband can file for divorce after one year from the date of the passing of the decree and the competent court can pass a decree of divorce in favour of the husband
ramakrishna.r.b
(Querist) 13 December 2014
without cleiming divorce has he got any orher alternative like climing compensation etc any attachment can he enforce. my daughter does not have any property in her name. She hss started working since 10 minths getting a salary of 20k per month that is she is having as asset
ROHIT SHARMA
(Expert) 13 December 2014
Dear Mr. Ramakrishna.R.B,
1. Well,let him pursue the R.C.R. matter.
2. Let you daughter not attend the hearings despite she receives summons.
3. Then the court will proceed with the trial ex-partee and may award the decree.
4. Even if the decree is executed on her she should not join him. If she has no property of her own then no attachment can be successful
5. Ultimately if she does not join him within one year or above from the date of the execution of the R.c.R. decree, he cannot force her to join him. If he does violence then legal action can be taken.
6. As per section 13(1-A) H.M.A either party to a marriage can present a petition for dissolution of marriage by a decree of divorce and that this can be done u/s 13(1-A) (ii) of the H.M.Act which contends that after passing of the decree of R.C.R. if there is no co-habitation as between the parties to the marriage for a period of one year and above then any one such party can file a petition u/s 13(1-A)(ii) of H.M.A seeking dissolution of marriage by a decree of divorce. This is how your daughter will be able to get the divorce.
7. In need be and if you feel to get more enlightened on this issue of R.C.R. you may opt to have private legal consultation with this lawyer agreeing to pay a moderate sum of Rs. 350.00 as remuneration for such legal consultation and for to get my contact details click my name shown in the L.H.S. margin of this reply format.
Guest
(Expert) 13 December 2014
Well advised by Experts
ramakrishna.r.b
(Querist) 13 December 2014
i thank all of you for your most valuable advises. May GOD bless all of you. In case I get any doubt as and when the case progress I will consult you people. Here the advocates in Bangalore confuses us a lot and does not reveal the reality.
Guest
(Expert) 13 December 2014
Dear Author,While thanking you for the appreciation to all the Experts Please Do Not State Like"Advocates in Bengaluru Confuses Us a Lot" It is Not Their Intention and Should be how it was presented to them.
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
You have been advised very well with all the best suggestions, do not get frightened, law is equal to all, nobody can force an unwilling person to do it, hence be fearless, if you find consisting injustice meted out, you may approach police for remedy and solace.
