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Tajobsindia (Senior Partner )     27 April 2011

A Hon'ble SC Mind bender - give solution experts

First Que.

Husband at trial court 11 years ago files RCR. Wife files Divorce. Meanwhile husband wins RCR.

Wife approaches HC. HC does not grant stay of RCR Execution. HC reverses the RCR and grants divorce to wife.

Now Husband approaches Hon'ble SC. Hon'ble SC reverses HC and says it is RCR !

Que. is what option Husband has now that 11 years court battle he has already crossed and reached Hon'ble SC and he does not want divorce !

Think......................................

[ta ra rum pum...........]



Learning

 8 Replies


(Guest)

Seems to me that the husband has won 'Drraupadi' like in Mahabharat............but the question is that even after winning he wont get it and if he get her then also of no use

After 11 yrs what if he takes an unwilling wife and that too think is unexecutable decree....and if he takes her then may be 498A is his next reward if not suffered or may be a second 498A bundled with DV wagerah.


(Guest)

True, if he takes back such a wife , it would be like inviting 498 A and DV Act not just against him but also his complete family. Now he can do one thing - Install camera in the house for her security (so that she can lateron produce evidence in the court if she is treated with cruelty). And you can imagine that the camera has to be everywhere because she can suffer cruelty anywhere in the house ! Infact why not make it compulsory for husbands to keep camera in the house after they take back a wife with whom litigations are pending...  hey, I mean it is for her security !

 

Now I think some wives who had been arguing with me for a long time would agree with me here, they would not mind having evidence afterall ?


(Guest)

Just my Thoughts :

Husband Seems to be following philosophy of  "Nind hamari haram hui hai to chain se tumhe bhi nahi sone denge"


 

1 Like

(Guest)
Originally posted by :Harassed by InLaws
"
Just my Thoughts :

Husband Seems to be following philosophy of  "Nind hamari haram hui hai to chain se tumhe bhi nahi sone denge"


 
"

True, and this system has taught this to innocent people unfortunately that if you continue to be docile, anybody can come to your house, loot them and file false cases against you instead !


(Guest)
Originally posted by :Avani
"



Originally posted by :Harassed by InLaws



"


Just my Thoughts :

Husband Seems to be following philosophy of  "Nind hamari haram hui hai to chain se tumhe bhi nahi sone denge"


 

"




True, and this system has taught this to innocent people unfortunately that if you continue to be docile, anybody can come to your house, loot them and file false cases against you instead !
"

Sorry I mean :

 

The system has taught us that if you continue to be docile, anyone can come to your house, loot you and yet file false cases against you !

Jamai Of Law (propra)     27 April 2011

"Nind hamari haram hui hai to chain se tumhe bhi nahi sone denge" Is not philosophy but deceitful argument.

 

After 11 years, husband does not want divorce and has won back RCR.

If HC had not committed mistake 10 years back he was at the same stage!!!

 

 

So he would have waited for 10 years for wife to come back.

RCR is paper decree, and wife can't take advantage of her own wrongs and defy execution of RCR.

if she does defy the execution, to the least she isn't entitled for relief under Sec 13A , non compliance to RCR. etc.

 

Example:-

Just b'cos we haven't completely won the battle on Kashm*r in last 50 years, should we give up Kashm*r?????

 

Principles can't be shaken over passage of time!!

 

Instead look where wife stands ....

 

what a loser!!! after 11 years ...

 

Now ..... She can't break out ................ as well as doesn't have any esteem left ............. to move back into marital home!!!

 

She can only pray to her husband that ....... he makes amendment from RCR to divorce!!!

 

Husband anyways has never asked for divorce. In fact he was trying to execute RCR, that he won against the divorce plea of opposite party.

 

He can't be compelled to file divorce after 1 year, and now wife can't take advantage of her own wrongs and go in court for divorce after 1years or more of RCR decree.

 

Only way left for wife and that  is to .... torture husband even more !!!! ............ to such an extreme level that !!!! .......................... his 'plea of RCR' gets converted into 'counter claim of divorce'.

 

she should resort to intensional cruely, commit adultery (post her videos on internet with at least 10 men!!) to such a abysmally low leval of dignity that ............................ any husband would prefer to drop RCR ......................... and amends it into divorce plea and slap the divorce onto her forehead!!!

 

 

But final question remains,

 

what did she earn at the end!!

and 

what she had to give up in return!!

 


(Guest)

how some peoples view changes when gender of accused and victim changes.

 

If SC stayed RCR then there must be something in favour of the husband.So he won.I am not a supporter of divorce.Every thing between a husband and wife can be sorted out.It is a matter of adjustment from both part.

 

both r looser!


(Guest)
Originally posted by :Tajobsindia
"
First Que.

Husband at trial court 11 years ago files RCR. Wife files Divorce. Meanwhile husband wins RCR.

Wife approaches HC. HC does not grant stay of RCR Execution. HC reverses the RCR and grants divorce to wife.

Now Husband approaches Hon'ble SC. Hon'ble SC reverses HC and says it is RCR !

Que. is what option Husband has now that 11 years court battle he has already crossed and reached Hon'ble SC and he does not want divorce !

Think......................................

[ta ra rum pum...........]
"

Very strange situation!

When the moral of the story is "bandaro ki ladayi mein bahot saari billiyo ka fayeda ho gaya, bus"


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