Filing for divorce without withdrawing rcr
Aaradhana
(Querist) 17 February 2014
This query is : Resolved
Respected Proponents,
I am a homemaker got married 6 years ago, right from the beginning I've been tortured both mentally and physically for dowry by my MIL and under her influence my husband used to do the same. After four years of complete failure of understanding of my position by my husband, I was dropped at my parental home and my husband filed RCR to avoid 498a and minimize the maintainance and other effects. I didn't file any 498a inspite of all this harassement I want to live with him for my daughter. Now he filed for divorce without withdrawing his own RCR case. Please let me know, as to what should I do now. He has been insisting his criminal intentions right from the beginning. I am in a helpless condition. Please direct me as to what should be done in this context.
Devajyoti Barman
(Expert) 17 February 2014
If he is so relentless in his criminal activities then continuing this relationship is not a good ide.
He should be brought to books under relevaNt criminal charges including section 498A.
YOU SHOULD ALSO CLAIM FOR MAINTENANCE FOR YOURSELF AND THE CHILD PREFERABLY UNDER pwdv aCT.
V R SHROFF
(Expert) 17 February 2014
You First apply u/s 24 for Mantenance Pending Litigation . It will be heard first, and you can get mtn+ transport + litigation expenses. He will get pinched.
Later File DV case, asking residence+ mtn+protection+ damages, include ur MIL
I do not/ never/ advise 498A, as it do not benefit both the parties, and it means , :house broken for ever" so no use. Even RCR is useless. So no RCR , no 498.
u may go for 125 cr p c+ sec 18 mga
but dv+ sec 24 is sufficient for u.
Rajendra K Goyal
(Expert) 18 February 2014
If he has filed divorce case and is in criminal intention, no chances of amicable solution, file DV case, 498 A case, maintenance case, so that settlement can be arrived at an early date and somewhat in your favor. Without pressure of all these cases it is doubtful that he would be ready to settle any dispute.
Biswanath Roy
(Expert) 19 February 2014
FOLLOW THE ADVISE OF THE EXPERT MR. V.R. SHROFF.
ajay sethi
(Expert) 19 February 2014
agree with MR shroff
T. Kalaiselvan, Advocate
(Expert) 19 February 2014
You have stated that he has not withdrawn RCR but filed another case for divorce?, now, since both are pending, only one is maintainable. He either has to withdraw RCR or divorce petition. You may point his intention behind this blunder mistake before the court and in case he withdraws the RCR and continues with the divorce case, you may seek relief of RCR as a counter claim in the same petition and also seek other various reliefs as advised by experts above as entitled under law.
