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Neha   12 December 2019

Advice regarding rcr

Hello , I got married on 18/06/18 , but because of me pursuing my education further we have spent around 2 months together in this time period . We have lots of compatibility issue between us and he lies about lots of stuff to me ,refuse to pay for my expenditure (since m a student) . Keeping in mind his frugal and uncompromising attitude i asked him to give me some time to get a secure job and non-distraction in my career i asked for a few months time but then he started pressurising that i have to leave my studies and stay at his home town because now he doesnt seem interested in that .and in turn he filed rcr in district court of his hometown secretly n comtinued talking to me n making plans of my relocation .. When i went back to stay with him he showed me the case n i said that i was shocked at his behaviour .je said he have no intention of carrying this marriage ahead n if i leave home right now he will implicate me of theft n evidence planting n dialed 100 n called police to check my bags .. On police's counselling he said that he will withdraw the case but later after returning when i suggested counselling he said he has done this to save himself from any cases in future(i told him i have no intention of contested divorce if he s ready then i would like to get MCD) but he s neither leaving not making any efforts to stay .. What shall i do ? He didnt go for his first hearing of rcr and will that be in negative for me ?? Cause i was living separately because of his constant abusive n fighting behaviour??


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 9 Replies

ANEESH TRIVEDI (ADVOCATE) (Advocate)     12 December 2019

for RCR you have to make grounds
if you loose RCR then it affects all coming cases either filed by you or against you.
you have to completely inderstant it first.

better
Neha first you check your inbox

ANEESH TRIVEDI (ADVOCATE) (Advocate)     12 December 2019

i personly won RCR and it helping me till now ,
it is like sheild for me, in every case
even i am now in position to counter attack by using it
it is very helpful if he or she win RCR.

if looses then make adverse affect ,
RCR battle is not step by step procedure.
here experts only suggest the basic of it but to each and every case facts are different and their proceeding also differs..
for example you said your husband is torturing you?
the question arise did you complaint this to any competant authority either to police or SP or woman protecton center.
if yes  then do you have proof.
if no then your this arguement is fake.
also if he tortured you your MLC was made [ this help you to upto what extent your husband torutred you]
and in this way your case ..Proceeds
what your husband took defence against your WS and what he took to make you defauter this is important .
whatever we dicuss here is different and what happening in court is different.
which point your lawyer pick up and which point is not important is his job.....as he has gone throuhg all the records.............
every lawyer whom you appoint  will never tell you the facts becuse it is commen for client they try to get the answer in their way and not legally .some time client can open the case so that apponent get benefit of it.
so you have to first understant the whole section and its basic facts then only you get clear picture
at present you are in confusion.

TGK REDDI   12 December 2019

Take divorce.     Simple.

Can't live without him or, more importantly, maintenance?

Women are more interested in maintenance than husbands.

Women's right to maintenance should be done away with.     In theses days of equality.

Sankaranarayanan (Advocate)     14 December 2019

try to pacify the misunderstanding and lead good life

Neha   13 January 2020

Sir, I don't know how you got this notion that m after Maintainence .. Isn't it clear that m qualified enough to look after myself.. I want to get divorce but he's not ready for it n have filed false rcr in this case.. Please atleast read full post Thanks for your advice anyways!!

TGK REDDI   14 January 2020

Madam!

I didn't accuse you you were after Maintenance.     I wrote OR.

I generalized the subject.     I wrote WOMEN.

If you can stand on your feet, then take divorce.    No Court can compel you to live with him.

If he's not interested in Mutual Consent Divorce, apply for Contested Divorce.    It may take time.     Can't help.

Wish you a happy life.

Neha   14 January 2020

Sir, Thank you for answering the much stated and evident fact that I would have to go for contested one. I'm seeking rather a (professional )legal advice rather than a generalised one. Please don't go on into a full-blown war against generalised "women" let someone else of a legal background answer ! Thanks again!

TGK REDDI   14 January 2020

Your advice is welcome but am unable to implement.

TGK REDDI   14 January 2020

If you're interested in professional guidance, there's EXPERTS section for you.    If you write to FORUM you can't prevent a fool like me from poking their nose. 


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