LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

petitioner ( )     01 April 2012

File divorce after rcr

Hi All,
>
> Need your suggestions. I and my wife agreed to live together after i
> field RCR and case went on for 6 months. later she agreed to join me and
> we wrote both of us given a written statement that we will live
> together.
>
> My job was in mumbai, so i took a flat with all the amenties in mumbai
> and brought her to mumbai. after living together for 15 days.  she called up her and her parents
> have taken her back.

After consulting my lawyer i have sent notice to my wife along with Awardee given by the court for leaving the house and if we don't receive any reply in 15 days. I would apply for divorce.

Kindly suggest me what will there next step will my wife and her parents do. As you all aware whats happens next. Kindly let me know

Regards

Petitioner



Learning

 12 Replies

threeleafe (awaited)     01 April 2012

First thing first - You should get anticipatory bail from the place you are expecting your wife to file cases.

 

Second be mentally prepared to fight it out. Have your counter strategy, developed with coolhead, ready

rajiv_lodha (zz)     01 April 2012

There was no need for such notice................What is the root cause of her behavior..........No sensible woman will agree to RCR, shift to ur place n after 15 days run away to her parents..............Buddy, get to the bottom of trouble...u must be knowing, address that. Law is not a potion to every matrimonial-disease

rajiv_lodha (zz)     01 April 2012

Get the root & solve the matter amicably...........either way!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

Phew.... legal notice.

 

What was the need? Why you want to start the fight?

 

If you have decided not to stay with her, make grounds and file for divorce.

 


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

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

And putting such a thing in notice that you would file a divorce case in 15 days can be termed coercion and cruelty.

 


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

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 April 2012

Dear Querist no need to worry, after notice period you can file a divorce petition if you want divorce from her, if you have finished your one year of marriage. feel free to call

Adv. Chandrasekhar (Advocate)     02 April 2012

Mr. Petitioner,

When you filed RCR and later on by mutual agreement, you had taken her back in matrimonial home, you  CONDONED  all her crule acts.  The omissions /commissions committed by your wife, which you want to put in the category of "CRUEL ACTS",  preceding the filing of RCR petition and during the pendency of RCR petition cannot be allowed to put in your presently suggested divorce petition.  You can only put such acts those happened in those 15 days as cruel acts, if you treat them as cruel acts.  In my view you cannot file such  successful divorce petition containing crule acts occured in 15 days.  So, search for some other grounds or go for mutual consent divorce.

That even though you did not ask, but as some members suggested about coming in your way of Section 498-A, in my opinion, if she condoned all such crule acts on your part and joined you in matrimonial home, she is also barred to file section 498-A crimial complaint against you.  But it is a debatable legal question that if a private party condones the offensive acts,  what role the doctrine of "CONDONATION" play  in an offence recognized by statute.   We have yet to see such arguments in Section 498-A cases.

rajiv_lodha (zz)     02 April 2012

498a is a real risk here. Law wont take it as condonation from girl's side if she joined u for cohabitation.............even if so, it will help u fight against 498a, not against immediate danger of arrest in 498a

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 April 2012

Be guarded,

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

petitioner ( )     03 April 2012

Hi All,

Thanks for your opinions and suggestions.

Are their any chances of filing criminal charges against my parents. As i am not living with them.

Please share your views.

Regards

Petitioner

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 April 2012

If you run the risk of being accused in a false complaint, so does your parents.

 

A person who would utter one lie to make you party, can utter three lies to make three people party.

 


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

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register