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Kiran Kumar (Software)     27 June 2014

Can i file sec 9 rcr

Hi,

 

My wife filed crpc 125 & DV case, During Crpc 125 reconciliation judge told my wife to stay with me for 15 days. My wife stayed for 15 days, and left. But she is insisting on continuing case. Now I have requested my lawyer to file sec 9 RCR, But he suggested that RCR 9 cannot be filed as she stayed with you, and you need atleast 2 months separation to file RCR. Is it true. Please advice if there is a way to file RCR



Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     27 June 2014

No.  You can file it, if otherwise the facts suggest that filing RCR is the approprirate course of action.

Adv Archana Deshmukh (Practicing Advocate)     27 June 2014

There is no legal requirement for a 2 months seperation period for filing of RCR. If your wife has left you, you can file the case now.

fighting back (exec)     28 June 2014

RCR is a useless case, which can backfire on you, in case she accepts your offer of resitution and enters your home and creates havoc,. then you have no place to hide. RCR is merely filed by people to avoid maintainence, but they overlook the fact that maintainence can be demanded in other ways too like DV and 125 and HMA24,  it is like sending an invitation card for trouble to enter your house. relationships cannot be built by a piece of paper called RCR, it is a futile case only benefitting the lawyers. 

ARUN KUMAR SONI (Tax Consultant/ Law Counsealing)     28 June 2014

I agreed with fighting back view, ~

Kiran Kumar (Software)     30 June 2014

Fighting Back,

The Assumption my lawyer is selling to file this case is

a)  If I win RCR I need not pay maintenance

b) For CRPC 125 judges are some what lenient and always gives maintenance towards wife

c) For RCR judges are some what sympathetic to the guy and try to save family and give order towards the petitioner

d) I am OK If she accepts and come back, Her intention is not to create havoc. In fact she came to my house as per judge request and stayed calm.

Please tell me If I am missing some thing here

 

 

 

 

 


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