Dv & rcr regarding
saravanan
(Querist) 13 February 2014
This query is : Resolved
Sir/Madam
My marriage dated 09.12.2010. There is no child and wife is also not working. Due to misguiding of My wife sister husband, my wife filed a false complaint on me to women’s cell, district protection officer and Chief Minister cell etc on 12.09.2011. Then women cell called me and enquired. My wife said not like to live together, finally she took all her materials ( jewels and wooden bed etc) from both lived rental house. At that time my advocate adviced me to collect the receipt for the same. She agreed and give in written she took all the items belongs to her. But I like to live with her so I donot like to collect my matrimony gold( Tamil it is THALI kodi). After three month she filed DV case with protection officer complaint in criminal court. Then court start process, after three month (20.04.2012) she withdraw the DV complaint by stating that She will file fresh complaint against me. After that I like to file RCR suit, before filing my advocate send a notice regarding that to come and join to my client. By taking that advocate letter itself as cruelty and filed a complaint to district protection officer. That officer also not informed to me and simply filed that to court . Again same DV process (30 lakh compensation & 11000 rs as monthly maintenance) against me, my father & mother goes on from 27.02.2013. Still today court will not look to that matter simply put next month , next month etc.
In between I filed RCR suit to court on 02.01.2013. Judge asked me and my wife, advised to join to me , she told my husband will come to my mother house and live there only means join with him. I refused to gothere to her mother house. Suddenly, she took a another false complaint against me as my husband passing volcar words to me at court premises. Then judge put time upto 18.03.2014….Like wise my life cases goes on ……. My question is
(i) What will happens in DV case.. How to handle that case?..... More than One year separation means not possible to file case under DV or not?.... this will applicable to my case r not…
(ii) Regarding my RCR suit, She told to come to her mother house and live for one month then only join she will consider with u ….….I donot like to go there, So I refused and also I worked far away from that …. What step I will do for this RCR suit ?....
(iii) Recently I joined government job through TNPCE … Is there any problem arised for my government job related with this matter?.....
(iv) Simply withdraw RCR and file a divorcee complaint against her under desertion and cruelty…….. She asking 30 lakh for mutual divorcee ….So, What will do in these circumtances?....
ajay sethi
(Expert) 13 February 2014
she can file DV case even after one year . DV is continuing offence .DV cases take around 3 years to be disposed of atleast in Mumbai . contest case on merits .
RCR is futile . even if you get orders you cant force your wife to stay with you .
your wife may ask for 30 lakhs you are not bound to pay . file for divorce and with draw RCR as your wife has no intentions to stay with you
Rajendra K Goyal
(Expert) 13 February 2014
1. Defend the case on merit. DV case can be filed even after 1-2 years.
2. RCR is useless, withdraw it and file divorce.
3. It may not effect your Govt. job till you are punished in the case. You may inform the department about pending case.
4. She may ask 30 lacs or moon and stars, should not accept such demand.
Devajyoti Barman
(Expert) 13 February 2014
1. Yes, she can file. There is no limitation.
2. It is your choice, both cases has its own advantages and disadvantages.
3.Job is not at stake if you are not convicted.
4. It is upto you to which extent you would go for compromise.
Guest
(Expert) 13 February 2014
Well advised.
Sudhir Kumar, Advocate
(Expert) 16 February 2014
You have not stated what was cause of her withdrawal.
You have not stated what facts are alleged.
It appears that she has not given blanket NO for living with you.
Anyway your questions :-
(i) What will happens in DV case.. How to handle that case?
ANS ; ONLY PERSON WHO HAS SEEN ALL PAPERS CAN ADVISE
More than One year separation means not possible to file case under DV or not?.... this will applicable to my case r not…
AND : ALREADY COMMENTED DV IS CONTINUING OFFICER. I WILL ADD THAT WHEN WIFE IS COMPELLED TO LEAVE DUE TO DOMESTIC VIOLENCE AND NO CONCERT ACTION TO ABATE THE DOMESTIC VIOLENCE AND FORCING HER TO CONTINUE SEPARATELY IS ITSELF DOMESTIC VIOLENCE WHICH REMAINS ALIVE.
FILING CASE UNDER RCR IS PROOF OF INTENTION TO LIVE TOGETHER BUT NOT A PROOF TO LIVE TOGETHER WITHOUT DOMESTIC VIOLENCE WHICH IS ALLEGED AGAINST YOU (rightly or wrongly).
(ii) Regarding my RCR suit, She told to come to her mother house and live for one month then only join she will consider with u ….….I donot like to go there, So I refused and also I worked far away from that …. What step I will do for this RCR suit ?....
ANS ; ONLY PERSON WHO HAS SEEN ALL PAPERS CAN ADVISE
(iii) Recently I joined government job through TNPCE … Is there any problem arised for my government job related with this matter?.....
ANS : YES THERE CAN BE A PROBLEM
(iv) Simply withdraw RCR and file a divorcee complaint against her under desertion and cruelty…….. She asking 30 lakh for mutual divorcee ….So, What will do in these circumtances?
ANS ; YOU ARE LUCKY THAT SO FAR 498A (TRUE OR FALSE) IS NOT ALLEGED. EVEN IF YOU HAVE CONTESTED DIVORCE YOU HAVE TO JUDGE THE TIME AND MONEY WHICH YOU WILL WASTE. IT MAY NOT BE 30 LAKH BUT PRICE OF PEACE IS ALSO TO BE PAID.
Still try to seek peaceful negation of living or parting. Avoid conflict.
V R SHROFF
(Expert) 16 February 2014
for DV case , u were already advised before months.
RCR is useless. no t to proceed in ur case.
You may inform the department about pending case.
Pay her if u can afford to buy peace., otherwise refuse.
Sudhir Kumar, Advocate
(Expert) 16 February 2014
repeated
http://www.lawyersclubindia.com/experts/domestic-violence-case-against-men-421491.asp
saravanan
(Querist) 16 February 2014
Thanks a lot for consider my queries and suggested a way to handle...
Thank u sir
