Recvd rcr from wife, divorce summons returned by wife

Mr. DLF

Though you have filed divorce petition against your wife, you must have very strong ground in your favour and it has to be properly established before the court of law, failing which you petition shall be dismissed. Wife's refusal to receive the summon has nothig to do with the merits of your case, nor you can get an ex-parte degree in absence of strong ground.

Similarly you have to show proper & sufficient ground as to why RCR order shall not be passed against you owing to your wife's petition. Remember that wifes have an addded adventage in all divorce/RCR related issues.

First it is not very clear where her mother’s place is? In same court jurisdiction, same town, same State, same India or where :???
Above being material here are what you want to hear;

1. Know the reason of return of Notice by doing file Inspection and or meeting the Server in Notice Server Room.
2. Pray in your Divorce proceedings to allow taking Dasti Service and on next RCR date serve her the Notice Dasti and mark your presence in RCR and seek time to appoint Advocate and when you return back to Divorce Court produce a Service Affidavit of Serving Notice stating Divorce Notice served to party as per Rules and let us now proceed with suit matter.
3. Your divorce is yours. She will contest it and unless you prove 50:50 your alleged grounds - facts your divorce will not get through it is as simple as that.
4. RCR case is hers. See to it that it does not go ex-party at any cost. Contest it saying you filed Divorce and like to prove grounds - facts mentioned in Divorce and till that time keep RCR in abeyance.  Also if she filed RCR in same District then seek its transfer to your Court for the same file an Application in her District Court.
5. In both Suits both parties by same court or respective court (as i'm not sure where she lives and where she filed) will send parties for reconciliation. Failing which respective case will proceed.
Nothing like 100 dozen bolts of lightening has not fallen from sky upon you if you filed divorce and she retaliated by filing RCR. You are shouting NO MORE. She is softly saying ONCE MORE that is what husbands Divorce Vs. wife's RCR is all about. Both are Civil nature. Civil means no jail instead 7 years penance by both sides minimum that is all to see which side case finishing.

Hence relax, eat, pray and take parents once in a year for pilgrimage thus fulfilling every pious Hindus wish for 7 holy sites pilgrimage around India wishes that is what happens when husband files divorce and wife retaliates by filing RCR.  
PS:
Why no ex party in RCR I cushioned because in RCR Decree proceedings she can ask for property attachment as well as monetary compensation without even moving one figure by way of S. 24 HMA and or filing S. 125 CrPC as RCR decree in favour of wife has such unique provisions under CPC. .

What happens if 

1)  She wins RCR and he wins divorce in their respective courts ?  Stalemate or he still gets his properties attached ?  0 points for husband. 1 point for wife.

2)  She wins RCR and he loses divorce in their respective courts ?  Simple I guess, the guy loses all his properties. 0 points for husband. 1 point for wife.

3)  She loses RCR and he loses divorce ?  I think, they live just on paper as wife and husband. 0 points for husband and 0 points for wife.

4)  She loses RCR and he wins divorce ?  I think he comes out in flying colors. 1 point for husband and 0 points for wife.

So this is lose-win situation where wife scores 2 and husband scores 1 ?   I am sure, the legal system may not be as brain-dead as my math ;)

1. She wins RCR and he wins divorce in their respective courts ? 
No property is attached in such outcome because divorce means end of marriage.
Husband 1 point - wife 0 point

2. She wins RCR and he loses divorce in their respective courts ? 
All wives are not so well informed to know property attachment is one option if you win RCR. Had it been so IrBM and related Amendment in Laws would not have been invented by your friendly brigade side. However if they smelled such special syrups durign RCR litgation phase then during  divorce proceedings Husband can easily gift deed property and no Court can reverse such gift deed.
Husband 1 point - wife 0 point

3. She loses RCR and he loses divorce ? 
In this phase neither shall be interested to hold fort for long hence MCD will happen.
Husband 1 point - wife 1 point

4. She loses RCR and he wins divorce ?
Legal fees put on wrong horse I would say.
Husband 1 point - wife 0 point

Debating hypothetical issues are very easy behind internet but before that just a thought – how many years you think individual case shall be running in respective Court to dream of property rights at the end of litigation one shall dream of?  
That is why RCR was never a popular option to use by “smart women issues sensitive lawyers” till date otherwise my ld. brothers were not fools all these yesrs since CPC Amendment on attaching property in RCR decree was Gazette Notified J   

[Some people here are still too naïve for women’s issues are my view which is natural – always think first where big money comes from? Not from property decrees in RCR but from filling minimum 5 – 6 cases of abala nari – now did you got your maths corrected now L].

Thanks.  Running cases in multiple courts need to be barred by law in the marital issues for sure, is my opinion.

Originally posted by : Tajobsindia
	2. She wins RCR and he loses divorce in their respective courts ?  All wives are not so well informed to know property attachment is one option if you win RCR. Had it been so IrBM and related Amendment in Laws would not have been invented by your friendly brigade side. However if they smelled such special syrups durign RCR litgation phase then during  divorce proceedings Husband can easily gift deed property and no Court can reverse such gift deed. Husband 1 point - wife 0 point

Property is not the only remains of the husband that can be attached.  How about his salary if he is working ?  How would he gift deed his salary ?   Well you have given enough clues to the women community and it looks more powerful than the IrBM (what missile is this ?  just kidding ;)).

Dear TAJOBSindia,

Thank you for your very detailed and informed explanation to my above question, it is very much informative, i forgot to mention that my place of residence is maharashtra state and she belongs to MP. as of now she is residing in MP and from there she has launched the RCR case. i have filed my divorce case here in district court .

Dear TAJOBSindia,

Thank you for your very detailed and informed explanation to my above question, it is very much informative, i forgot to mention that my place of residence is maharashtra state and she belongs to MP. as of now she is residing in MP and from there she has launched the RCR case. i have filed my divorce case here in district court .

dear sir,

with regards to your reply, would like to know, if the property is attached by the court, is it divided between the husband and wife, if yes what about a jointly owned property of husband and his brother, i own a jointly owned flat in my brother and my name. is there anyway this property be attached. should i gift deed this to my bor

if the property is not sold off by the court and only attached, how long will this be attached,

what about the monthly salary earned, if it is attached then how can relief be taken by husband, if he agrees to pay the maintainence. will this salary remain attached with court

Dear

You have to prayer to court for mediation first and than give a chance to your wife to save your matrimaonial life.

She has return court notice it means she afraid and file RCR so that you compromise him and take back.

So first try to save your matrimonial life If not possible to live togather than talk to each other and file MCD. IF possible.

Your divorce is contested so it will take long time.

Dear

First pray to court for save your matrimonial life and give a chance to your wife.

If not possible to live togather than talk to your wife and file MCD.

Your divorce case is contested so it will take long time.