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Subrata Das   06 March 2025

Best draft of rcr

My nice was told by her in laws to vacate their house 5 years back. So, she came to paternal home and applied for maintenance. It is true that her lawyer wrote falsely that she was physically and mentally tortured though in reality she was only mentally tortured. Her family had been trying to patch up but her husband does not want to take her home although in court in front of judge he tells he will take her. In this situation if she files RCR now will it help her save marriage by at least delaying divorce when her husband files it in near future? 



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     06 March 2025

There's no infirmity in filing RCR petition now.

She can very well proceed to file the proposed RCR case though it may not make much difference.

Subrata Das   06 March 2025

Which points should she mention in her petition so that her chance of getting RCR increase? 

Judge may say that you said so many bad things about your husband and other in laws in your maintenance petition? 

Dr. J C Vashista (Advocate )     07 March 2025

It is advisable to settle the matter by persuading her husband on the priciples of "forgive and forget" putting social pressure, if required. Every couple has some minor issues which may not be taken to heart and an egoistic issue to save their matrimonial life, enjoy peace and prosperiety in their married life.

1 Like

Real Soul.... (LEGAL)     07 March 2025

By filing RCR she can only show that she is not willing to divorce or seperation, but mostly RCR cases are not executable, when two persons don wan to live to gather they cannot be forced by law. However it will help her to get maintenance and if at all divorce case if filed by her husband she has better rights 

1 Like

P. Venu (Advocate)     07 March 2025

Yes, she can file RCR

Subrata Das   07 March 2025

Her interim case is going on. 

So is it good time  to file RCR Or she should wait for some more time or timing does not make any difference ? 

Pls advise! 

 

Dr. J C Vashista (Advocate )     08 March 2025

Generally drafting a petition has to inflate facts to secure some positive results, which in due course, detroirate the situation. Accordingly it is better to reconcile the issue(s).

Filing of petition for RCR is a wastage of time, efforts and money.


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