LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rama (NA)     26 April 2013

Filed rcr, need advice

Hi all,

  After 1 and half year separation from my wife, I filed RCR in family court.

In between I asked her to joined many time and I also sent an written document to her father to join with me.. But so far not any reply from their side..

My advocate istelling that it may go through two time councelling and another hearing..after that only we will get any conclusive from this RCR..

we filed the RCR because as she is staying very far from me, and we have communication gap..

so let's see what she is teiing at court?

My question is that:

If  she will transfer the case to her hoem town throgh permission from high court.. Is it very easy procedure for her?

1. If such case arises then I will pray to make a hearing at High court? In such case can she file transportation for her case? In such case I have to pay her transportaton fees and all?

2. During councelling if she will tell many allegation against me then should I open all her negative points (which I recorded amicabley, relation with her boy friend all some of her negative points). Or shoul I tell all these during hearing?

3. I have some audio tape of her negative points(conversion with her boy friend), for which we had a quarrel with conference call with her boy friend. these are few points for which she may not be joining with me..

4. Our marriage is about 2 year and out of that we stayed about 5 month together..
As these staying period we stay at abroad and rest time she is at her home, with suficient reason..

5. So in such case if she will tell during councelling that, she got mentally turtered from me(which may only her points, which is completely false).. then during concelling if she will tell then can it e the automatically 498 case, or she must file separately?

6. After getting nitice, if she will not come to court, then will be it in my favour?

7. Can she file maintenance case once she will get the RCR?

 

please suggest me in this regards..

 



Learning

 9 Replies


(Guest)

Check PM.

ashoksrivastava (scientist)     26 April 2013

If her parental place is in same state she can easily get it transfered through HC. In rcr case do not condemn her. She will have to prove that she had valid reasons to leave you.You should only try to rebutt her allegations with adequate proof. If you lose RCR she will easily get maint.awarded in her favour. 498A has to be filed separately. Pl. donot giveup on out of court reconciliation. regards ASHOK

Rama (NA)     26 April 2013

Yes, sir she is from same state... her point not to join with me since last 1 and half year that, there is no job for her at near to my working place (which I can easily say that, she only stay with me for 5 month, during which we tried in many places)..even in such cases she have right now no job since last 1 and half year, then how come she is staying apart from me??

Her another point is that her health was not good at my place.. which is completely false, I have sufficient proof..

Actually matter is something different, she was keeping relation over phone with her past boy friend, once  it come out and we have fight with that guy with knowledge of her father.. after that day by day she is making base less allegation...during councelling I guess, if she will tell some false allegation, then I may open all these recording in front of counsellor/judge, then our case may be fired..

In such case during councelling if she will make false history then is it the right time to open all her open secret?

Rama (NA)     26 April 2013

Dear sir,

  But if have not sufficient groud for diverse then my advocate say that we may be in troule..

Because right now my wife is playing dual game.. so our intension that let her come infront of court and let her say why she don't want to join..

Because right now if she will repent her fault and she will agree then I am ready to accept..

Nandha (NIL)     26 April 2013

@rama,

 

If you do not have sufficient ground, then do not apply for divorce. If have strong reasons that your wife is staying away from you without 'sufficient cause' then you can wait for 2 years and then apply for divorce on desertion ground. 

 

My case is similar to you, i do not have sufficient ground to file for divorce. But she has created a false evidence which my advocate said that the evidence might be considered by court. Therefore, he advised to file fo RCR.

 

RCR is a waste of time and money, but for those who do not have sufficient ground, but want to get rid of lovely wife, then you have file for RCR. This I have realised from my case.

 

keep posting updates!

 

 

Rama (NA)     27 April 2013

Hi Nandha,

  In such case, now let RCR run..and in between these 6 month some thing will come out.. and if it will siply delay, then once it will became 2 year separation, then I will drop it and file divorse..

  Or in between if she will file 498 or someother allegation, then I will drop it and file divorse..

please suggest me in this regards..

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     28 April 2013

Rama is a cunning boy

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     28 April 2013

Ater 2 years amend the petition with both prayers, RCR if not wiling to rejoin then for Divorce.

Good luc

Rama (NA)     28 April 2013

thank you Srinivas ji for your valuable comments..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register