RCR defending case
Ronit
(Querist) 06 December 2017
This query is : Open
Hi wrt to.following fact I want to put before family court for RCR defense
1) my wife left our home along with her father saying she will return in 15 days and that time she was working as clerk in SBI branch near my home just 3 km in city.
2) from her parental place she applied for transfer at her request to.parental.place without taking permission of husband.
3) she informed only when we asked her why you are not.coming.
4) SBI has transfer policy ie married women should be transferred near to husband place as possible or vice versa and unmarried girl near to her parental.place.
5) she had joined SBI branch at my place on spouse policy just 6 month back.
6)even branch manger is transferred after 3 yr on routine category or in case of emergency while sub juniors like assistant clerk can apply for.transfer after 5 yr of service in particular branch
7) my wife gave DV by inlaws as a reason for transfer which is wrong as she left with her father.
So can these point be useful to fight RCR case as my wife clearly saying she cant live with husband and MIL at our permanemt residance and forcing me to leave my place and mother
Vijay Raj Mahajan
(Expert) 06 December 2017
So if the wife not ready to live with you and your mother at your parental home and asking you to move out and live with her, may be near her parents' house, why you seek restitution of conjugal rights when she herself moved out of matrimonial home, filed DV complaint against you where she's seeking protection order against you just contrary of restitution or living together, maintenance from you where as she is working and had means to maintain herself, seeking right of residence from you when you are prepared to keep her at the matrimonial home where she was in living with you before she left herself, all these demands are just contrary to her own actions.
A person cannot take advantage of his/her own wrong and seek relief from the court.
Her all these acts and asking you to leave your aged mother if you want to live with her all in totality amounts to her acts of mental cruelty towards you, fit enough to seek dissolution of marriage and you are seeking her restitution.
Ronit
(Querist) 06 December 2017
Sir she just gave wrong information to bank regarding her transfer because she was transferred to my native place just 6 month back.so what she planned is that she gave reason of DV to bank only and used pollitical pressure and she was transferred.after that she and.other social orgnisation compelling me to.compromise but I clearly refused saying I have permanent residance and good salary and my mother Is dependent on me. I filed RCR just to catch her neck and come up with false allegation.I recorded her conversation where she is saying she did.household work and gave money for family expanses and last word after deserting she is saying I am not worried for my family which clearly shows that for her family means only husband and wife.
Vijay Raj Mahajan
(Expert) 06 December 2017
My question again is why RCR and why not divorce which will be ultimately be there in your case. Now you will waste 2-3 or even more years for RCR and than divorce case will take 4-5 years to decide and ultimately you will both agree for divorce by mutual consent. In the meantime you both will be changing lawyers as the time taken by each side lawyer will be taken as his incompetency whereas the cases in Family Court are in such huge number that those take so much time to be finalised.
Ronit
(Querist) 06 December 2017
Sir I.file.for divorce then.she might ask.for.maintenace and.may.file.RCR also.since we are not aware of her intentions.we have our infant daughter also.presently with her but I dont think she.is.fit.for.motherhood also. If I get rcr decree then I want to.go for.sailing as I am a seafarer.sir my wife did not turned.up.for diwali function and also during my surgery as she.said she cant come and while staying home with us after banking hours sh e used to teach tutions also 4 to 5 hrs which clearly shows her neglecting behaviour as mother.can these information be useful.to claim child custody and divorce all together.can I file divorce after RCR pending????
V R SHROFF
(Expert) 06 December 2017
RCR IS USELESS.
JUST WAIT & WATCH.
YOU ARE ALREADY ON LOOSER'E END.
YOU CAN NEITHER AVOID MAINTENANCE OF YOUR DAUGHTER; NOR GET ANY BENEFIT EVEN IF YOU WIN RCR CASE [ You cannot execute RCR Decree ] She will immediately ask D Mtn u/s 24.
Your case clearly shows there is no issue between you two. So wait for comfortable time to solve your problem. Any action on your part will spoil the matter further, making it irreparable.
Ronit
(Querist) 06 December 2017
Sir there is a issue . She has taken transfer from sbi bank from my city where 7 branches are there to a.place 150km which is a.remote area and her parental.place.my main question is after marriage wife should stay with husband or her parents???? What could be a mental cruelty then this???.this is the main issue
V R SHROFF
(Expert) 06 December 2017
MY DEAR RONIT, RY TO UNDERSTAND THE PROBLEM, THE ROOT CAUSE.
Her transfer is a result, It is not a issue. Remember that something disturbed her and made her uncomfortable that lead into a condition that drive her away.
You must try to remove that root cause, if you really love her and want her affectionate warm company. Otherwise RCR is just an another move that she will dislike.
Most of the matrimonial problems are misunderstanding . No one is good or bad. Yes Like and dislike are there that causes these separation and Divorces. One have to look from different angle. Keep cool; try to understand the situation, try to find out what goes wrong. Dont try to find WHO IS WRONG. FIND WHAT WENT WRONG. WHAT IS THAT SHE DISLIKED AND WENT AWAY FROM YOU. [ Arguing about numbers of SBI Bank Branches nearby you are futile and useless.] Both of you need Marriage Councillor to understand and solve your misunderstandings. Repair the Wall of Marriage before it breaks your home.
Ronit
(Querist) 06 December 2017
Sir I already try to convince her but no result.at once she is saying I should leave my home and live with her and should leave my mother and at the same time she is blaming me and my mother for torturing her. She just left home due to small trivial.issue along with her parents but from.parental place she applied.for transfer to her parental place by telling a lie that MIL did domestic torture.how me and my mother can tolerate her ill intentions.she dont deserve to be a wife.she do.house hold work then she creates scene,if she spend money on house hold.work then she thinks its a.dowry ,if we tell.her to look child and not to take tution she thinks.we torturing her.my inalws also poking there nose and instigating her,they might have forced her to take transfer.its clearly evident from my wife behaviour ie she is very hypersensitiv and can not live normal.life.as per supreme court order fights beetween husband and wife are mundane and normal.wear and tear of life.but my wife demands are clearly an act of willful desertion and mental cruelty.she just instigate the matter and when scolded she complaints to.her father saying we tortured her.but all.her family members dont want to listen.
Ronit
(Querist) 06 December 2017
If she really wanted her husband to live with her she just simply might havr chosen to live separately in sam e city.
Ronit
(Querist) 06 December 2017
I already kept condotion that if you want to live separately u live but give custody of inafant daughter to us but rather she is keeping child in maid custody. This is again ridiculous instead she.is.saying me.and my mother will.kill daughter. But the fact is when she used to go to bank.from.10 to 5 my mother used.to look.after my daughter.but she is blaming and.putting all.these nonsense excuses even.judges want belive
V R SHROFF
(Expert) 06 December 2017
Ronit; you fail to understand Laws.
Custody of daughter is usually with mother [ 99% of cases]
I clearly told you, you are at Loser's end.
What you say are OK for Argument sake, or to prove you are right and she is wrong [ But only limited to Outside Court]
It is extremely difficult to prove the same in Court room. All Laws favour Ladies. It is women Oriented Laws. You only have to loose, and gain nothing.. I am sorry to discourage you, but fact remains!!
So I advise you to keep cool. No Complains. No Action. Even Judges have certain Direction from High Court to favour Women. Judges works under the Direction of their High Court. Even Police do the same thing .. & It is a world of corruption. Men have to forget JUSTICE.Nothing can be proved!! Nobody / no witness comes forward with you to prove that wife is wrong!!.
Experience only will teach you all these, that too after 5 years!!
So keep calm; peaceful; just observe Like a Witness. No Happiness/ no sorrows/ It is part of Life/ Live Happily for at least 6 months. No comments, Never think of what is happening at matrimonial front. Never discuss. Never think about it. No sorrows, No Happiness, No action. It will save lots of trouble. TRY TO BE HAPPY.
Sudhir Kumar, Advocate
(Expert) 07 December 2017
Go ahead and file RTCR if you are adamand despite advised to contrary.
before doing so search this forum.
RCR is a tested tool for compelling wife to file (true/false) case of 498a and other non-balable allegations against husband and his parents and his married/unmarried brother /sister with/without their spouses.
She has no choice then. She has to justify her absence from matrimonial home.
Sudhir Kumar, Advocate
(Expert) 07 December 2017
Given facts indicate that she got transfer near matrimonial place and was forced to seek transfer back.
It does happen.
It appears she has no objection in living with you but objection in living with your mother.
IN INDIA mother of husband is never wrong. Wife has a duty to be proved wrong. So you will never on earth agree that your mother could also be (atleast partially) be wrong even if your marriage is getting broken because of her.
Sudhir Kumar, Advocate
(Expert) 07 December 2017
1) my wife left our home along with her father saying she will return in 15 days and that time she was working as clerk in SBI branch near my home just 3 km in city.
SO SHE OPTED TO LEAVE PEACEFULLY WHICH INDICATES THAT SHE HAS REASONS TO BELIEVE THAT YOU WILL CREATE FUSS IF SHE INTIMATES THAT SHE IS LEAVING PERMANENTLY
Sudhir Kumar, Advocate
(Expert) 07 December 2017
2) from her parental place she applied for transfer at her request to.parental.place without taking permission of husband.
BANK DOES NOT NEED PERMISSION OF HUSBAND BEFORE ENTERTAINING THIS REQUEST.
WE ARE NOT LIVING IN 16TH CENTURARY INDIA OR TALIBAN RULES AFGHANISTAN.
DOES THIS NOT INDICATE THAT SHE IS REALLY FED UP OF YOUR FAMILY AND NEED NOT BE UNNECESSARILY PROVOKED.
Sudhir Kumar, Advocate
(Expert) 07 December 2017
3) she informed only when we asked her why you are not.coming.
SO WHAT WRONG DID SHE DO IF SHE DID NOT INFORM EARLIER TO AVOID FIGHT AT YOUR PLACE AND DEPRIVING YOU NEIGHBOURS OF FREE DRAMA AND INEVITABLE GOSSIP MATERIAL
Sudhir Kumar, Advocate
(Expert) 07 December 2017
4) SBI has transfer policy ie married women should be transferred near to husband place as possible or vice versa and unmarried girl near to her parental.place.
HOW THIS IS RELEVANT
Sudhir Kumar, Advocate
(Expert) 07 December 2017
5) she had joined SBI branch at my place on spouse policy just 6 month back. 6)even branch manger is transferred after 3 yr on routine category or in case of emergency while sub juniors like assistant clerk can apply for.transfer after 5 yr of service in particular branch
WHAT IS YOUR LOCUS-STANDIE TO OBJECT OR CHALLENGE IF THE SBI HAS DEVIATED FROM TRANSFER POLICY ON HUMANITARIAN GROUNDS.
EMPLOYER DO HELP WOMEN EMPLOYEES WHEN THEY APPROACH THEM FOR RESPITE FROM DOMESTIC VIOLENCE.
SBI AS EMPLOYER AND ALSO AS STATE FUNCTIONARY HAS NO DUTY OR OBLIGATION TO ASSIST YOU TO COMPEL YOUR WIFE TO LIVE WITH YOU AGAINST HER WISH.
Sudhir Kumar, Advocate
(Expert) 07 December 2017
7) my wife gave DV by inlaws as a reason for transfer which is wrong as she left with her father.
WHY THE BANK SHOULD NOT ACCEPT HER PLEA FOR TRANSFER.
AND NOW YOU WANT TO COMPEL HER TO GIVE THESE ALLEGATIONS IN POLICE ALSO TO SECURE YOU AND YOUR MOTHER INSIDE.
Sudhir Kumar, Advocate
(Expert) 07 December 2017
So can these point be useful to fight RCR case as my wife clearly saying she cant live with husband and MIL at our permanemt residance and forcing me to leave my place and mother
ALL THESE POINT PROVIDE CIRCUMSTANTIAL MATERIAL AGAINST YOU.
Sudhir Kumar, Advocate
(Expert) 07 December 2017
Can't you think of peaceful solution which generally India male avoids and prefers being ruined.
Ronit
(Querist) 07 December 2017
Sir we already think peaceful solution but allegation which she is making is completely false it was her who grabbed my collar and created havoc and abused MIL. So how as a husband I can accept this.she says my mother tortured her but I am the witness. She never did wrong. It's not about proving wrong. It's about leaving her matrimonial home she is compelling me to leave my mother and live with her. She can not contradict her statement. My main query is that if my wife had taken transfer on pretext of DV which is false why she want me and my mother to live with her at separate place and pay the rent and look after 7 month baby. That's the issue kindly hel. She can file only fake cases.
Ronit
(Querist) 07 December 2017
Sir can you think in this situation where in a family 3 person are there. MIL husband and DIL. MIL looking after infant baby cooking food. And husband out of home for 6 month and wife going to bank for 7 hours and after that taking tution of kids in evening and early in the morning. That' was the normal routine. In this scenario where is te possibility of DV. If my wife has a right to say then my mother has a right to defend also. It's about breaking a family for malafied intentions.
Guest
(Expert) 08 December 2017
Mr. Sudhir Kumar got great opportunity to play a number game by making 10 posts to create a record to add numbers to his credit!
Best of luck to the author of the problem, if Mr. Sudhir Kumar's advice may prove of any help to solve his academic exercise!
Guest
(Expert) 08 December 2017
Info provided by the querist is most insufficient to arrive at some purposeful opinion. Experts are vainly striking their head at his most vague post and being further stretched endlessly.
At least he should have given the period of his marriage after which her wife left long with the total period of living separately from her matrimonial home.
Misuse of the charity service of experts on his part is not good that tends to waste their precious time, infrastructure and knowledge.
Anyway, best of luck for the experts who try to convince the querist for no valid reason behind or obligation for their wasted efforts so far on the hypothetical query.
Guest
(Expert) 08 December 2017
Although contains some element of taunt towards the experts on the part of Mr. Jigyasu, but that also seems to be a valuable alert for the experts from his side.
Sudhir Kumar, Advocate
(Expert) 08 December 2017
his each sentence is a separate story and separate comment was considered essential so that no comments get diluted
Sudhir Kumar, Advocate
(Expert) 08 December 2017
@ querist.
You was this forum to reply as to why your wife wants to live with you while she sought transfer on ground of DV.
Sorry,
the experts of this forum cannot be spokespersons of your wife.
Given facts indicate (facts may be different) she has no objection living with you but doe snot want to live with your mother.
Ronit
(Querist) 09 December 2017
Sir I got married in Apr 2016. That time my wife was posted as clerk around 50 km from my place. In may 216 she applied for transfer to my place. In Aug 2016 she was transferred to my place just 3km away from my home. Nov 2016 I went on ship for 6 month sailing. From Dec 2016 my wife went on maternity leave. Feb 2017 daughter was borne. In may 2017 I signed off and came to home. In the mean time my wife started taking tution also teaching student early in morning and evening also and had joined home branch again in July 2017.in the mean time we used to have verbal fight. So one day on 11 Sep 2107 she called her parents due to small fight between me and her. Her father came and took my wife and kid saying she need some change and family function is there. So she left. From that day she did not turned up and we came to know that she has been transferred to parental place and she gave reason of DV by inlaws for transfer but reason was that my wife was taking tution for 4 hr in the evening after coming from bank so I confronted her not to take tution so long as baby is small and need mother care and after that she messed up everything. So if wife gave DV as a reason for transfer that does not mean DV has occurred
Sudhir Kumar, Advocate
(Expert) 27 December 2017
new thread is opened
http://www.lawyersclubindia.com/experts/legal-notice-reply-by-wife-666631.asp
Guest
(Expert) 27 December 2017
@ Mr. Ronit,
It seems, Mr. Jigyasu rightly warned the experts on your half baked incomplete information, when he said, "Experts are vainly striking their head at his most vague post and being further stretched endlessly."
Even now, I find that the information provided by you is still incomplete and only one-sided. One sided information never fetch any solution to the problem, rather any one-sided formula on that basis through any advice, suggestion or guidance tend complicate the problem to much more extent, some times even making the problem beyond control.
Whereas, as per the title of your query, your main issue seems to be RCR and defending, while there is no reference whether you have done anything about RCR or you have been slapped or not with the dv case by your wife. You have also not mentioned what type of small fight was there between you and your wife on the basis of which she decided to leave you. SO, WHERE IS THE CASE FOR RCR OR DEFENDING ON YOUR PART? Mind it, small fights never COMPEL wives leave their matrimonial houses. There must be some serious cause of discord between you and your wife.
Anyone advising you on one-sided story with half baked information may only be igniting fire in you to take route of the court of law, which can be damaging only for you instead of your wife, as you can get harsher to harshest legal blows from her side.
Such type of problem should not be left to be tackled merely on the basis of casual solution to your casual type of one-sided story. At first take help of the elders and well wishers of both the sides. Thereafter go to some well experienced expert on the issue to get his advice on both sided story (favourable or unfavourable to you). Solutions can be in your benefit, may there be your fault, as advice can be to provide solution to your problem on his sincere advice. Solutions are always there, provided approach is correct.
Sudhir Kumar, Advocate
(Expert) 27 December 2017
Mr Jigyasu right commented that the experts are vainly striking their head.
However the querist believe himsefl to be right and also believes himself to be on correct path.
He has opened a new thread and given new facts. I have given separate sentence wise analysis of his expressions.
Sensing his mind I know it is futile effort yet I believe that my labour may bear some fruit (by any chance) if he changes his path and retains life full of pleasure.
