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oxy (mba)     31 March 2015

Divorce vs rcr

i filed a divorce 6 months back.. on the basis of cruelty..  my wife did not attended to court for the 1st 2 hearings .. now i got a notice..that she filed rcr and maintainance

 

what can be done ??

 

 



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 10 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     31 March 2015

Didn't UR lawyer appraise U that she would file RCR and Maintenance sometime.RCR it is petition US 9 of restitution of Conjugal rights in hindu marriage act if a spouse or partner does not obey his or her matrimonial duties then this petition can be filed well in your case if you have filed it before lodgeing of 498A then it will help you in getting anticipatory bail futher if petition is decided in your favour than wife's right to claim maintenance from also ceased as it the latest judgemnt delivered by the Hon' H.P High Court

and 498a is themost deadly weapon in the arsenal of wife your RCR will also help in trial .


 

oxy (mba)     31 March 2015

she filed against me in womens cell and local police station.. and they asked me to come for counselling i went and explained them how she used to behave and stuff.. they realized and they did not filed any case against me..

 

can she refile 498 a  case against me ??  as the cops did not accepted by saying fake harrasement 

 

Adv k . mahesh (advocate)     31 March 2015

immediately she cannot file as there will not be any genunieness in that complaint if she files and about rcr court will order to stay or not to stay with you after hearing both sides arguments and about maintenance you have to submit if court ask you to submit the salary documents 

dr.pawan rajyan (member and secretory)     31 March 2015

Divorce and rcr are opposite cases.fight on merits of case. If 498a is not registered by women cell/sp. Then she can through court.but more chances are of DV case bye her.

oxy (mba)     01 April 2015

i already filed for divorce .. what are the chances of getting divorce ?? and hw long does it take to get divorce ?? when a person file for rcr..

 

if i dont wanna stay with her?? how can court force me to accept her back

 

SAINATH DEVALLA (LEGAL CONSULTANT)     01 April 2015

How long will it take to get divorce? Not in our hands.

T. Kalaiselvan, Advocate (Advocate)     03 April 2015

If you felt that it was your right to file a divorce case against her, vis-a-vis she established her right for RCR and maintenance.  Law is equal for both hence she too approached court for the relief she wanted.  While you can concentrate in prosecuting your case on the merits and evidences in your possession, challenge and defend her case during trial accordingly. The chances of divorce and chances of favorable decision in RCR will depend upon the merits on either side and how the case has been progressed/challenged during trial of each.  Be in touch with your lawyer.


(Guest)

Now wife filed RCR, if she win it, she come back and stand at your door step.  If she lose RCR, you can get divorce based on it.  anyways there is no much use for wife with RCR.  Nobody can make you sleep with your wife.  

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

UR lawyer would be a better person to handle the case with wisdom and intelligence. Everything depends on how he manages the merits from UR side in the court. Concentrate only on divorce, RCR may be a distant reach for her, but U cannot avoid payment of maintenance.


(Guest)

Pay her hefty money like Aamir Khan, and get rid of the headache.  If you think about money now, you will lose not only years but also end up paying money in the END, after the cases get over and you get divorce.  Think and weigh your priorities.  Go for MCD.


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