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mrgop (Owner)     24 December 2011

Answers for questions regarding RCR during mediation & trial

During the first mediation the mediator asked me why you run RCR even after your wife refuses to live with you, whatever the reasons may be, and you know the court can't force her to live with you even if you win the case. He aslo told me that the only benefit you will get from RCR decree is that later you can use it as ground for divorce. So, you run RCR to create a ground for divorce and not to live with her, and if you really don't want divorce you must withdraw RCR at least in this stage.

I just told him that I run RCR for restitiution which is the basic purpose of filing RCR and I'm optimistic that she will understand her wrongs and come back once I get RCR decree in my favour, and I don't have to answer any post RCR decree questions now.

So, my question is how to answer such questions related to RCR in further mediations if any and during trial in court. Can such question be asked during trial in court?

 



Learning

 10 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

RCR is a useless case.

 

However your love for her can be so over-powering.

You want to save the institution of marriage

You want the welfare of child which is with both parents.

 

THINK THINK THINK

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

mrgop (Owner)     25 December 2011

Yes, I understand that it a useless case.

Anyway I already filed it...and I don't want to withdraw it as I can use it as a ground for divorce if such a need arises in future. I think, in noway, running rcr would be harmful to me!

So, I just want to run RCR in parallel with contesting her divorce case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2011

Dear Mrgop

RCR is the best ground & very strong defence to show intention of wife, if the court passed aRCR decree in your favour & your wife are not ready to live with you after this decree too, then the court may prsume that she is not willing to live with you and the maintinnace cases is not maintainable. secondly it is the best ground for divorce too.

feel free to call

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

It is an independent ground for divorce.

 

But getting a decree takes the same time as in divorce case.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Dr J C Vashista (Advocate)     26 December 2011

One of the best ground for divorce is denial of spouse to live with, even after passing RCR.


(Guest)

If you really love your wife, take a route other than legal. Your method is wrong. By getting a decree in your favor, you cannot force her to come back. It is a waste of time. 

 

 

Kurt

When you struggle with your partner, you are struggling with yourself. Every fault you see in them touches a denied weakness in yourself.” - Deepak Chopra

Manoj Kumar Jain (abc)     05 April 2012

What is DIR (Domestic Incident Report) under DV Act. Who fabricted DIR. My wife did no submitted any DIR in her complaint under sec 12 of DV Act. Is it mandetory to pass any order by Magistrate? or not?.  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

DIR is just a reproduction of statement of the lady to the Protection Officer on defined parameters.

 

If it is false, then only wife is liable,

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

rajiv_lodha (zz)     05 April 2012

Its not necessary for wife to submit DIR when she seumits SEC12 DV. The DIR will be taken on record subsequently. Even Sec 23 orders can be passed without DIR. But it shud be submitted before final verdict is out

Dr J C Vashista (Advocate)     06 April 2012

DIR is filed by Protection Officer appointed by the Court on the application of lady against the person-in-relation, verbatim copy of complaint..

RCR is an excuse to live togather and a strong (and only) weapon in the hands of harrassed husband for divorce.

Saving institution of marriage is to sit togather, sort out problem, which at times work unexpectedly. May seek elders/social help.


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