Rcr after divorce summon
Kavya vashist
(Querist) 29 January 2014
This query is : Resolved
Dear experts kindly guide.
sequence of marital life:
Husband marries wife, takes dowry as account transfers. After 1yr during delivery wife's condition deteriorate and doctors removed her uterus.Couple got a girl child.Now husband again started demanding delivery expenses.Wife opposes and quarrel happens.Then wife had to go to paternal house for her recovery as there was no one to take care except husband.Now matrimonial house was on husband's name and he gifts it to his mother in wife's absence and knowledge.After 10months by relatives interference he calls her back n child and started living in a rented flat next to matrimonial flat.Thereafter there were regular fights wife was beaten up by husband.Wife's MIL tells ovr phone to give divorce to husband and then wife reports this to women cell then counselling happens and things subsides for one month.Husband regularly abuses wife and her family and stays late night outside for drink party for full 24 hours multiple times.Then after in a quarrel hot water accidently gets spilled on husband, late night between 9-10 pm.No witnesses of incident.Wife tried to call and contact but husband didnot contact.Husband files FIR 10days prior to incident and gives a medical certificate of 10percent burn.wife was not informed anything by police and send to lockup for 24 hours by husband and police.Her statement was not taken.Husband files section 324,504 on wife.Child was given to husband.Then next day wife gets bail and husband comes to court, gives the child to wife in court and flead away.Then after one month he files divorce in his hometown another state 2000kms away from their residing place. Chargesheet of 324case not served after 90days time.Wife came to know about chapter case with the ACP of the area when she goes to collect the RTI information for her lodged complaint with the women cell, for which the concerned police IO of 324case doesn't inform her after 7-8 notices served.Wife talks to ACP and signs the bond for the chapter case 8 for the 324case.
Query:DID SHE DID THE RIGHT THING??
Also now the rent agreement has expired and owner has asked to vacate the flat.Husband has withdrawn all monetary help.couple has 2yrs daughter. Wife wants to file RCR. And she is advised to file DV and maintenance under 2005.
IS these the correct step or kindly suggest further.
Dr J C Vashista
(Expert) 30 January 2014
Prima facie husband is correct despite the fact that Indian matrimonial laws are heavily favouring female.
Remote chance for RCR, take a chance
Devajyoti Barman
(Expert) 30 January 2014
How one could predict the merit of the case when facts are not known.
Legally such case is permissible.
Advocate. Arunagiri
(Expert) 30 January 2014
I can not predict the chances of success in RCR.
At the same I suggest, for your well being, get stay to all the cases initiated by the husband against you.
File RCR, the petition is not legaly barred.
At the same time, you have to inculcate the confidence the confidence to your husband, on you.
Take the help of the mediation centre, through court.
All the best.
Rajendra K Goyal
(Expert) 30 January 2014
Well advised by the expert, agree to it.
Practically RCR is toothless, better take the help of friends, relatives, society or mediation center to save the marriage specially when the life and future of small kid is also to be considered.
Shonee Kapoor
(Expert) 30 January 2014
RCR has no merits. It would be better to try and resolve the cases by mutual discussion and bringin in mediators.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Kavya vashist
(Querist) 31 January 2014
I would like to add on wife cannot have another child.After which Husband gifts the matrimonial home to her mother and keeps wife in dark.Then engages the matrimonial house on rent, starts living on rent too with wife and child.After that files 324,504 on wife and starts staying away.And thereafter files divorce in another state.Now rent agreement expired.Now should the wife file maintenance under DV act 2005 or HMA or 125 crpc?? Kindly advice
Dr J C Vashista
(Expert) 31 January 2014
Ms. Kavya Vashist,
Since you have been complicating the original query/ issue such wife cannot have another child, which is not concerned with cruelity/maintenance?;
Matrimonial home gifted to mother(who is the owner?;
Files 324/504 on wife, whether the wife is in a position to act in such a manner that the husband files compllaint u/s 324/506 IPC?
MANY MORE HENCE Contact/engage a local lawyer.
Devajyoti Barman
(Expert) 31 January 2014
Wife can always file case for maintenance. Where is the doubt?
Biswanath Roy
(Expert) 31 January 2014
During divorce hearing and at the time of mediation desire for restitution of conjugal life can be placed before the court for consideration or mediation through the common friends and relatives out of the court can be followed. RCR does not lie at this stage.
Kavya vashist
(Querist) 31 January 2014
Dear experts i have explained the background of the case.Kindly advice.I appreciate all of the above valuable comments.
Biswanath Roy
(Expert) 31 January 2014
File a MATRIMONIAL suit for maintenance in the Civil Court of Jurisdiction and by filing an interlocutory petition pray for attachment of the property transferred in the name of mother-in-law to secure the payment of maintenance regularly and month by month, simultaneously and side by side file a case against the husband u/s.125 Cr.PC In the Criminal Court of Jurisdiction.
T. Kalaiselvan, Advocate 
(Expert) 01 February 2014
This is a a clear cut case of domestic violence against you. The provisions of the act are enormous through which you can claim all the reliefs, namely,maintenance, residence, protection etc. In his divorce case, in your counter itself you can make a counter claim by affixing appropriate court fee seeking restitution of conjugal rights, besides, you can file a maintenance case u/s 125 Cr.P.C for both, yourself and your child and you can file a matrimonial suit claiming maintenance as advised by learned expert Mr. Roy. Contact a local lawyer and proceed accordingly.
Devajyoti Barman
(Expert) 02 February 2014
what is your doubt?
All have rightly advised so far from their respective point of view.
Kavya vashist
(Querist) 03 February 2014
Thanks MR.Biswanath an MR.kalaiselvan.
@ Mr.Devajyoti Sir, my apologies i had modified the entire case history and then seeked advice before 2days.So it has generated a confusion i guess.
