Divorce

madam, he has filed RCR - means he wants to cohabit with your friend. where is the question of divorce?

Since she does not weant to divorce, she may co habit with husband.

Desertion by any of the spouse may be a valid ground for divorce.

Firstly engage an experienced divorce lawyer to defend the petition of RCR or Divorce as the case may be.

Secondly RCR is the petition for seeing resumption of conjugal relationship that husband seek the wife to do as she has withdrawn from his company, so best defense in this case is to appear in the court and inform the Family Court that she is ready to live with him if she is given due respect and care that as wife she deserves and which is not being provided by the husband at the matrimonial home.

Such defense will fail the RCR petition and the husband's intention for divorce in future will get defeated on the first step itself.

As far divorce by husband using any of the ground as available are concerned those too will get defeated if the case is conducted properly in the Family Court.

The wife must demand her right of maintenance and residence from the husband as that will bind him to be financially bound by court order on both these accounts; this will further deter his effort to get divorce from the wife.

file domestic violence case and 498 A  complaint in the court.

well i suggest not to file 498a, because filing of 498a means 100 pecent divorce in future. 

 

Firstly the husband has filed RCR and not Divorce, desertion charge is on the wife. Just 1 month of marriage and wife takes decision to seperate and says does not want to give divorce is confusing. If relationship is bad then better divorce through MCD, by remaining firm on stand that she will not give divorce is not sufficient. At end of the day what matters is what evidences each of the spouse has against another. Court cannot force the husband to stay seperate with his wife against his wishes if wife is not willing to stay with inlaws. Lawyer from wife side will be happy to take such a case where he can fill his pockets for a longer duration as wife seems confused and there are enough grounds available to delay the court proceedings. But at the end of the day whats the point in dragging the case for 5-7yrs if marriage has failed in just a month ........? ?

Dear Sir,

Thanks You Sir for your valuable suggestion Vijay Raj Mahajan  

What all allegations her husband raised against her, she will have to put her points against it or not? They have raised all false allegations.

Regards

Does wife have any evidence of being tortured by husband and his family . If have then she can fight her husband false allegation. If husband won rcr he will get divorce easily. If she dnt have evidence and she dnt want to give divorce, she should first say in front of court she want to live with her husband. She should go there and now if they continue torture she should record all this and gather the evidence of her husband's cruelty . Now if torture continues one day when she loose all her patience she can leave his company. Court decide cases on evidence simply saying matters not much.

She left because she is not given any respect and care, due to her father in laws behavour who abuse her and her family, but she do not have any proof of it, but she is having few photograph as proof against the false allegations her husband raised against her.

If She agree to go back if she is given all respect and care then within how many days case will be resolved, please suggest.

respect and care are two way process. i one wants respect, he orshe should give it first. relax, calm down think no parents want to spoil their son's marriage life. what a dil thinks about her fil and mil, in future same dil will become mil. remember time repeats for sure but repeats itself in future not in past. so try to resolve amicably

is there any ngo which is dealing with misuse of s 498A specifically in mumbai,pune

LCI expert Mr. Shonee kapoor has started an initiative.

You may get in touch with him.