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Mustafa Hussain (Post Graduate Teacher)     13 April 2011

Can I file RCR and Divorce Petition

Dear Friends

After havin long 6 years affairs, finally we have arrange marriage (though against my mother in laws wishes) and live happiliy for almost 7 month. One day after a hot argument with my wife for a small issue, my wife call her brother and next day morning she went  to her house with his brother without my consent. That time she was 3 months pragnent.  After that I went three times to bring her back but showing so many excuses she  dint come. On 16.4.2010 she gave birth a girl child in her mothers place  and I took all the care of her and borne the expanses of the hopital. Three months after together with my parents I went to bring her back but my  father in law refuses to sent telling she is not well completely and promised that  he will take her to my place once she is well. But after one year still she refuses to come telling she is not well. Here my mother in law playin an important rule. She completely motivate my wife.  Last month I told her that I am going to file a divorce, and they want one month time from me . When it over I approached Kazi (Muslim Marraiage/Divorce Registrar) and he try to reconcile the matter over telephone. My wife said to him that I asked Rs. 10 Lakh and a Flat as dowry and resason for not coming is that I wanted to have an abortion when she was pregnent. (All three are totally false and baseless  allegation).  I sent the first notice through Kazi asking for  recocillation.

Now I came to know that she is going to file a case against me based on above three allegation.  What  should I do now? Do I need to go to jail or will I lose my job once I am arrested.  Please help me.  I am very much worried.

NOW SOME LAWYERS ADVICE ME TO FILE AN RCR CASE AGAINST HER....BUT CAN I FILE AND RCR AND AT THE SAME TIME SENT THE FIRST TAALAQ NOTICE ACCORDING TO MUSLIM LAW.......... WILL IT BE CONTRADICTORY???ALSO I AM AFRAID IF SHE COME BACK AFTER RCR MY LIFE WITH HER WILL BE MISERABLE....I DONT WANT TO  KEEP HER BACK....BUT TO GET BENEFIT FOR GETTING AB IF SHE FILES 498a,  I WANT TO FILE RCR.....PLEASE ADVISE

Mustafa



Learning

 2 Replies

DR.SANAT KUMAR DASH (Eye Specialist)     28 April 2011

You    should         file      a     RCR   petition....

1 Like

Tajobsindia (Senior Partner )     28 April 2011

@ Author 

After going through your briefs it seems you are un-doing all the good which you cliam that you have done to her / child all these times. 
You have to be very clear what you want from your legal wedded wife and child and it is not that easy for a man to just leave them in present legal format. 
Suggest to send money for their up-keep. Send RPAD letter for her to rejoin family. File RCR if you really want both of them since she according to you is all right but you have issues with your MIL. As far as DV / 498a cases are concerned if you file RCR and show evidences of your good conduct then it will be difficult for them to prove the allegations therein. Whatever you do it is no more easy for police to arrest a person and if you fail in previous suggestions then you can showcause and get AB which is not a major issue now-a-days. Do keep your ld. advocate in the loop clearly your intentions. 


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