Querist :
Anonymous
(Querist) 30 June 2012
This query is : Resolved
The RCR filed by my wife was dismissed yesterday as she doesn't want to join me even after 1.3 years of separation. I am even now ready to take her back but if she is not ready to come then she should relieve me.
Will there be a monetary or any other sort of risk for me to file a divorce petition now immediately?
What should be strategically mentioned in the Prayer of the above said Divorce petition to play the game safely without any costs?
Guest
(Expert) 30 June 2012
The only risk I can foresee for you is a false dowry case which could be lodged as a counter blast by her to your divorce case. On the monetary side,she can claim maintenance from you. The prayer clause is a matter of drafting which should be best left to your lawyer.
Raj Kumar Makkad
(Expert) 01 July 2012
As your wife herself is not ready to live with you and this is the reason her RCR petition has been dismissed so she is not entitled to get any amount of maintenance from you legally and there seem no risk if you have certified copy of her statement and judgment of the court passed in her RCR petition. There is also little scope of filing 498A IPC at this stage when the petition of your wife has already been dismissed and there is no matter of conversation between you thereafter.
Nadeem Qureshi
(Expert) 01 July 2012
agree with Mr. makkad
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