Rcr filed by wife???

Charu,

replied to the same query in shonee post itself.

Sir, One more question... if husband is not having any grounds for divorce and wife has filed RCR. What will be the fate of divorce case filed by husband ? If a divorce is dismissed ( after 3 years of filing). Wife has filed 498a and DVC also. In this case will RCR help ( this is for one of my friend...she intends to file RCR now, as her Divorce case is about to get dismissed.) Please answer this.

You file RCR, means do you think court can make your husband cohabit with you?

No.

If the other person is so very adamant, no court, no law cannot do anything to make husband and wife unite.

IF wife has filed 498a and DV etc on husband, divorce case will not get dismissed.

It should be proved that husband has asked dowry etc done domestic violence etc or/ he has not done anything, all this has to be proved in the court of law, upon which further proceedings in family court about divorce.

On the one hand wife files RCR that she wants to cohabit with husband, other hand she puts 498a DV case etc on husband, it does not make any sense,

either you should tell I LOVE YOU AND FILE RCR ASKING HIM TO ACCEPT YOU BACK ETC

or you should tell  YOU ARE BAD YOU ARE EVIL AND I DONT WANT YOU BACK IN MY LIFE EVER AGAIN AND FILE 498A DV CASE ETC.

even if it is proved that husband is evil via dv and 498a I dont think there is any point in continuing with the relationship.

its better to part ways than to keep filing cases and roaming to court and polis stations.

Originally posted by : charu latha
	if husband is not having any grounds for divorce and wife has filed RCR. What will be the fate of divorce case filed by husband ? It depends upon on what grounds husband mention in his divorce petition.He is  applying for divorce means definitely he having some ground or he made some ground. If a divorce is dismissed ( after 3 years of filing). Wife has filed 498a and DVC also. In this case will RCR help ( this is for one of my friend...she intends to file RCR now, as her Divorce case is about to get dismissed.) court will ask her when the man is so cruel to you that  you filed 498A and DVC against him then why you want to joing him? how yu can live with him? so RCR in such case contradictin to her own case on husband side it will be helpful to prove himself innocent. by her RCR.

If husband is willfully changed his residence and moved to a rented accomodation ..and wife is not aware of his location...so she is unable to co-habit with him...what is the remedy available?? and if husband is very adamant and not willing to join wife... is it binding on wife to co-habit in such situation?

Originally posted by : charu latha
	If husband is willfully changed his residence and moved to a rented accomodation ..and wife is not aware of his location...so she is unable to co-habit with him...what is the remedy available?? In this case wife just inform to PS or woman cell that her husband is missing and she want to live with him kindly trace him and collect the evidance of her will to cohabit with him which willhelp her in future court cases. and if husband is very adamant and not willing to join wife... is it binding on wife to co-habit in such situation? No bindation on wife if she prove this in court then she will be free from him and also she will get maintaence and if she file cases then husband has to prove his innocence he may be convicted and may be punich or fined.

You cannot make husband come to you and tie him to a pole with a dog belt tied to his neck.

Your husband is running away from you, knowing how dangerous you are, shifting houses, making new residence etc shows that he has no interest in you.

Instead of playing chor police or lets call it hide and seek, part ways, dont chew out brains of each other like this.

here the word you stands for your friend who has put 498a dv RCR etc :

Simple Charu, in either party if one of them adamant in divorce , RCR is no use. and sequence of DV,498a, Divorce pettition has regard to it

If both party wants to live together, and live separately due to temporary issues, then RCR is meaningful.

sorry, please read it as sequence of DV, 498a, divorce has no regard to it

@sujay thanks for the reply. I wanted to know the legal aspect of this. As in if one spouse is willingly neglecting the other to co habit due to whatever reasons...what is the remedy available to the other?

Originally posted by : aneesh trivedi
	Originally posted by : charu latha If husband is willfully changed his residence and moved to a rented accomodation ..and wife is not aware of his location...so she is unable to co-habit with him...what is the remedy available?? In this case wife just inform to PS or woman cell that her husband is missing and she want to live with him kindly trace him and collect the evidance of her will to cohabit with him which willhelp her in future court cases. and if husband is very adamant and not willing to join wife... is it binding on wife to co-habit in such situation? No bindation on wife if she prove this in court then she will be free from him and also she will get maintaence and if she file cases then husband has to prove his innocence he may be convicted and may be punich or fined.

Its such a funny thing, ok, file one complaint in PS and then what, they find husband and what will they do, do pooja to him is it, he will tell, divorce petition pending, cannot take her back, what will police do if hsuband is not willing to accept her back?

They threaten him is it, put him behind bars for not letting her know about his whereabouts etc and not allowing her back into his life is it?

Police would have seen a thousand cases, they would come to know automatically that due to arrogant wife, husband is not willing to take her back, simple.

See.. my husband says he doesnt want to have ay legal connection with me. And he wants to stay in Japan for sometime. As he got some offer there and there is a bond of 4 years + 1 year extn. So he says he wants divorce from me. He doesnt want to take me from him. And he thinks i may ask him money in future...and thats the reason he doesnt want any legal connection. He gives excuses saying he wants to go on world tour set up an NGO...like a fool he says my wife is a good lady but he doesnt want to stay with me. He wants to go to japan. What can i do in this case? He shud not have married me...in the first place then.

Originally posted by : Sujay >>>>>>>>>>
	Its such a funny thing, ok, file one complaint in PS and then what, they find husband and what will they do, do pooja to him is it, he will tell, divorce petition pending, cannot take her back, what will police do if hsuband is not willing to accept her back? yes it is funny but the  girl like charu saying she is searching her husband and want to live with him, so they have no way on complaint you are taking about what happen after police fond her husband. They threaten him is it, put him behind bars for not letting her know about his whereabouts etc and not allowing her back into his life is it? Police would have seen a thousand cases, they would come to know automatically that due to arrogant wife, husband is not willing to take her back, simple. yes but her at least one thing that is the reason why he is not rady to accept her back is get clear in front of police and also in fornt of the wife , if they remove the cause then they will get unite otheriwise simply they can move to court , only for the satisfaction of wife side complain is must that she is doing something for husband though it seems funny but useful in future for both

 

@sujay thanks for the reply. I wanted to know the legal aspect of this. As in if one spouse is willingly neglecting the other to co habit due to whatever reasons...what is the remedy available to the other?

 

Remedy available is file for divorce, as he wont come to court, you get exparte order, marry someone else.

 

See.. my husband says he doesnt want to have ay legal connection with me. And he wants to stay in Japan for sometime. As he got some offer there and there is a bond of 4 years + 1 year extn. So he says he wants divorce from me. He doesnt want to take me from him. And he thinks i may ask him money in future...and thats the reason he doesnt want any legal connection. He gives excuses saying he wants to go on world tour set up an NGO...like a fool he says my wife is a good lady but he doesnt want to stay with me. He wants to go to japan. What can i do in this case? He shud not have married me...in the first place then.

 

Some crooked lawyer [sorry for using the word crooked] might tell, I make him come back to you, don’t worry, fees, file DV case, 498a, visa cancel, passport seize, arrest, brought back to India, what next?  [ remember in all this husband is going through lot of humiliation ]

 

Now judge of DV case gives exparte order that you be made to stay with him using police force, what might he do to you with the withheld anger that he has for all the humiliation he had to go through, kill you or harm you in such a way that you will turn a lifelong handicap?

 

Or he might run away again, go absconding, never to be found, what will happen after that?  Warrant issue, non bailable warrant issue, you keep roaming to court, he wont ever turn up, what will any court do  re?

 

What will police do?

 

They will suggest off record only one thing, go marry someone else.

 

Marriage is not just the union of bodies, but of minds and hearts, one has to think before doing or saying anything, it applies to both the parties.  One has to take the other person into confidence and then move forward together.  Sadly if once trust is broken, it cannot be plastered together.