i want to appeal in my lost rcr case

Can U elaborate the grounds for loosing RCR? Appeal depends on that.Status of DV?

sainath sir, i have sent you a message on your PM. please advise. thanks

If the court has not given order not in favor of you, then it is done after looking into merits of case, as you are woman, and law is very leniant toward woman, and still court gives an order against your RCR petition, means that technically and legally you are at fault, and hence only court has passed such order whch is not in your favor.  Provide more details of your case in order to give proper advice.

Going to HC is no big deal, if lowre court has dismissed your RCR application then, HC knows that LC has taken decsion after giving due time and after looking into mertts of the case and passed order, there too HC only after looking into merits of case will decide the case. BTW noobody can force your husband to take you back, at the most court can ask your husband to pay alimony and as your husband has won the RCR, he can ask for divorce upon completion of 1 year from the date of order of RCR.

Wait for other experts to reply.

You should do two things - 1.  You should go to appeal in High Court against the trial court order, 2. As you want Restitution, now you are entitled to go to matrimonial home without any hitch, despite Restitution petition filed by you was dismissed.  In addition to this, go through the order very carefully and meticulously pursue divorce case filed by him and try to use the observations of RCR order against him, if possible.  But remember, you have to put best efforts to contest his divorce case, otherwise difficult days are ahead for you.

thank you for your replies, actually court said in the judgement that after so many allegations and counter allegations, it is difficlut to believe that i have forgiven the husband, and on the basis of the given evidences at hand, my appeal doesnt look sincere and in good faith.......so i want to know if i will win in the appeal or not.....thnks

@Mr Prabakar Advocate,

Sir, why do you tell the querist to go to husband now, that she has already lost RCR< if she goes back to husband now, will he spare her that too after filing DV?

What if husband takes crowbar and breaks open wifes head if wife listens to your learned advice and goes to husbands house?

None of you lawyers will suggest to talk to your husband and try to sort it out even if matter is in court.  YOu would have come to conclusion that now re-union is not possible, as lawyers like you  only would have suggested to file DV case also.  How sad sir.

Originally posted by : rsp
	thank you for your replies, actually court said in the judgement that after so many allegations and counter allegations, it is difficlut to believe that i have forgiven the husband, and on the basis of the given evidences at hand, my appeal doesnt look sincere and in good faith.......so i want to know if i will win in the appeal or not.....thnks

@querist

I dont see much chances for you to win your case in HC, lower court has seen your case and decided it aptly after giviing it considerable amount of time, it is not one day decisoin, trial has taken place and then order has been passed.  

Going for appeal in high court or even supreme court will not be of any use and only some lawyer like above will be benefitted thats all.  Better talk to husband one on one and ask him to take you back instead of listerning to some lawyer who tells you to go to high court.  Filing DV is also back fired I believe.  Anyway all the best.

thank you for your replies.but can DV also be applicable because he has harrassed me and yet i want to stay with him via RCR

after filing and dismissing your petition for rcr what you gain by appeal we cannot understand  because no one can force anyone to be with them without any interest and who told you to go through court only to your husband

difference crop between two humans and sort out the problem and live happily and atlast you have seen the court and you know the experience as said above first discuss with your husband and sort out the difference and anyway divorce is filed and it will take some years to settle in mean time if the issues are settled and you both want to be happy you can withdraw the divorce and also dv

not only well wishers but also we lawyers suggest you to go and live happily

This drama of appeal is only being done to keep the RCR case hanging and try to draw money via the DV case this woman has filed..if the lost RCR case is shown by the husband..why would the court give any money to her?

By dismissing your RCR, the court indirectly granted his divorce decree, which for formality sake, it will grant it later.  As you do not want to give him divorce, you are better to appeal RCR in HC. If RCR by wife and Divorce by husband is pending in the courts, generally the court will club these two cases and decide the same simultaneously.  But in your case that has not happened. That is why you require to go to appeal. Otherwise also, if you are not satisfied with the grounds on which your RCR was dismissed, you have a statutory right to appeal provided under HMA and Family Court Act.  I make it clear that dismissal of your RCR does not mean in law to take away your right to live with your husband in the matrimonial home.  If you apprehend any physical threat, you can get residential rights under DV Act which is pending.  So, engage a good advocate and file appeal in RCR.

actually i have appealed after 5 months...so is my appeal time barred...my friend is saying it can be time barred

If it is delayed, the appeal shall accompany with an application for condonation of delay showing sufficient reason and the court will condone such delay.   Generally,the courts in matrimonial matters take liberal view to condone the delay and decide the appeal on merits.