Rcr
Amit
(Querist) 01 August 2012
This query is : Resolved
My wife filed Sec.9 RCR against me after an year of my filing the divorce petition. She's yet to file counter for divorce. I've been asked to attend counseling for RCR. When I told the judge that I already attended two counseling sessions for divorce petition and I am not interested in cohabiting, the judge told me to attend the counseling separately for RCR case. Now my questions are:
(1) Does filing of RCR by her mean that she's pardoned all our alleged wrongs (she mentioned some like the usual dowry asking etc all of which are false)? Can she file 498A etc after this?
(2) How can I best utilize this RCR? What's the advantage in this for me?
(3) I am not keen on counseling etc as they've already happened and I know nothing's gonna come out of them. So I am thinking of skipping. What happens then? Will I be given further dates for counseling? What happens if I don't attend any session?
(4) Will RCR and the divorce petition be heard in parallel or divorce petition be put on hold till RCR is finished?
(5) Even if she gets RCR in her favor (I doubt that), she's to wait for one year to take further action right. I'm not willing to cohabit with her. What happens after this one year?
Thanks
Amit
(Querist) 01 August 2012
Just to add, she also filed DV against me.
Is the RCR by her going to help me in DV?
Amit
(Querist) 01 August 2012
BTW, my divorce petition is based on fraud by my wife and I am asking for annulment.
Adv.R.P.Chugh
(Expert) 01 August 2012
1. Mere filing of RCR does not amount to pardoning or condonation of cruelty. However it does raise a natural point that if she was tortured/harassed to no end in a house with her man - why does she want to be with that person ???
2. Not attending or contesting RCR might hit you real bad in maintenance proceedings. Contest it forcefully and diligently - prove to the court either of the two
a) she is the deserter (remember desertion is not always physical but virtual and constructive as well).
or
b)she gave you sufficient cause to live apart.
Both the divorce and RCR should in the fitness of things go together in the spirit of family courts act.
Amit
(Querist) 01 August 2012
Thanks Bharat.
Yes, I will contest RCR (filing counter etc) but I don't want to attend counseling session.
Since I've filed a nullity case u/s 12-1 of HMA, I am not supposed to cohabit with her, right? How can she file RCR then? Is this sufficient grounds for me?
Also, can the divorce and RCR run parallel?
If she files 498A later on, is it easy for me to get t quashed based on this RCR?
M V Gupta
(Expert) 01 August 2012
Q1 and 2 - Position depends on the pleadings contained in the petition. Generally RCR is filed by wife if the husband has deserted her and refuses to live with the wife.
Q3. If u simply skip counselling, there may be further adjournments. hence better appear and express ur inability for any compromise with convincing reasons for the same.
q4. Better apply for clubbing of the two cases.
Q5 this situation can be avoided if the two cases are tried together.
Amit
(Querist) 01 August 2012
Thanks Gupta and Bharat.
One issue is still not clear to me. When I filed for divorce u/s 12-1 and I am not supposed to cohabit with her (which would amount to condoning), how can there be RCR?
V R SHROFF
(Expert) 01 August 2012
Attend Council ling.
It is not Evidence, and it is out of Court Proceedings.
The Report is confidential.
But it is necessary that you follow court direction to attend Counseling.
it is not binding, what you say there, unless a consent term is filed on the basis of counseling, in Court.
So appear before Counselors,Do not deny it.
You may say , the matter is sub-judice,and you have nothing more to add.
