LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Divorce reply: sec 9 rcr

husband files divorce on desertion and cruelty.....if wife files RCR alongwith w/s...........

1.suppose RCR is decided in the favour of wife then what are the advantages and disadvantages?

2.if RCR not in favour of wife then what are the advantages and disadavantages?

3. messages exchanged between husband-wife will be taken into consideration while deciding RCR??

4. if RCR decided in favour of wife and if still husband doesn't cohabits then anything negative for the husband or not?



Learning

 10 Replies

Tajobsindia (Senior Partner )     23 October 2012

1. suppose RCR is decided in the favour of wife then what are the advantages and disadvantages?

Take:
Advantages – She can attach assets including salary in Execution Order.
Disadvantage – She has to wait 1 year for converting Decree in RCR into that now of Decree in Divorce.

2. if RCR not in favour of wife then what are the advantages and disadavantages?

Take: Flip above reply and now touch your nose from behind !

3. messages exchanged between husband-wife will be taken into consideration while deciding RCR??

Take: Yes depends on the skills of a woman sensitive pleader now to show "a delayed sent ILU” SMS message now that under "verbal abuse" yet say under his notes; evidence of what happens in 4 walls of bedroom are hard to find. But my ld. brother this is a bl**dy SMS message not a whisper under power load shedding said in 4 walls of once bedroom that you might not hear........!.

4. if RCR decided in favour of wife and if still husband doesn't cohabits then anything negative for the husband or not?
Take: Even Lord Hanuman cannot make such JD do that against h/er will.

BTW, any more hypothetical queries from Bhanumati ka pitara.…….

[You / Your = generic
Bhanumati ka pitara = generic; as seasoning]

1 Like

(Guest)

@ tajobs: thanks for the reply....... one more query i have....... you mentioned " Disadvantage – She has to wait 1 year for converting Decree in RCR into that now of Decree in Divorce."

how will my RCR be converted into a divorce decree ?? because already my hubby has filed divorce.....and i want to contest the case as i don't want a divorce....so kindly explain this point......

 

thanks

Tajobsindia (Senior Partner )     23 October 2012

okies so Bhanumati ka pitara opens.

Be it so, ask yourself if your husband has filed divorce and his divorce gets dismissed by flute of your contest music on Court's floor and he does not take you back as nowhere in Law it states he has to take you back once his divorce gets dismissed and it is only assumed by Legislaturs who made HMA that husband marta na kya karta will take you back then WHAT will YOU do !

You = specific to context this time

BTW, you have one lifeline left (as I don't wish to invest LCI's free bandwiddth more than on three occassions).

Double BTW, this is a reality question not hypiothetical question that you enggaed me since last evening :-)


(Guest)

ok....... thanks ......... last question is Should i file RCR or not ???????????

Praveen Kumar (Intern Lawyer)     23 October 2012

If your husband would not be ready to take you back and would bring some cruely and unreasonable desertion in front of court. The court will order for ammicable settlement through mediation cell and then your RCR will be converted into Divorce. Why you wakeup so late? why you have not reconsile earlier by wasting two precious year of your married life?
Asked the answer of my question with your self. You will realise what small you have got and what more you have lost.

Praveen Kumar (Intern Lawyer)     23 October 2012

Dont waste your precious time while filing the RCR. You can try to convience your husband only by apologies your mistake. Else you will also waste some more time of your precious life in the procedure of court. Best of Luck.

Never Give Up (Fighter)     23 October 2012

Marta kya na karta....Very appropriate line for Indian husband suffering from DV,498A,HMA 24, CRPC 125...etcetc..


(Guest)

@ praveen: i think you hardly know about my case..then how can u comment that i never tried to reconcile ????? my hubby dragged me out of my matrimonial home and i have a strong evidence for that,,,,,,,,,, secondly i have tried for reconciliation many many times but he has been abusive...............

 

he has already filed unilateral divorce on desertion and cruelty..........still am willing to save our marriage

Tajobsindia (Senior Partner )     23 October 2012

Ok now we have to be serious here, hence the then Lordship Katju said rightly "adjust you all aam adami" "little yes here little no there is what Indian marriage are all about we all did it so you all also do it" but still "adjust to h/er" as RCR by metro women is genuinely meant for assets decree attachments when Hindu Succession Laws failed them so I would still suggest file it (means RCR) now move it at slow pace see the end fact and then fast pace it as you need sustenance in then approaching separated life if he says finally NO post his divorce dismissal and exhasting all your social efforts by then if any.

 

1 Like

(Guest)

ohhhhhhhhhh tajobs sir: thanks for the reply............ meri lifeline kaam aa gayi :-)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register