Husband filled divorce and wife filed rcr and 125crpc

Dear Chetan ji,

Your most of the steps are taken in a right direction but are only half done.

1) It seems that your sister is residing with you or her marriage has been solemnised at Bengluru so that’s why you people have filed a RCR case there at Bengluru. 

2)  It will be more better if you apply in Supreme Court of India vide a transfer Petition to get transfer the case to Bengluru as the girl is staying at Bengluru with her brothers. For that you can have my help at Delhi.

3) RCR case will not have any power to get dismissed the Divorce case, both are parallel cases and will go separately. Even if you win the RCR case and husband is not in mood to reside with his wife you cannot force it or can tke the non obayence of the judgement as contempt of court.

4) For that you have to move a application in the competent court to direct the service provider to submit call data of the particular number. which is given in only special circumstances where whether there is a direct threat of life by the possessee of the particular phone number or Court itself take the cognizance of taking the record of the phone number.

5) i) As without knowing full facts of the, we do not recommend any suggestion in any case however you can move a police complaint under 498A, 406 and 34 against the husband and his other family members who are resided in a domestic house of wife in past.

  ii) But I would suggest to go for the mediation and counselling process for both the persons first independently and then mutually and by that try to resolve all the differences and re start their fresh life once again.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,

 

Adv Anand Bali has given U the correct advice and the right suggestion. Nothing more to add at this stage.

Originally posted by : Chetan
	Dear All, My Brother in Law has filled the divorce case against our sister in Patna court and we 3 brothers originated from Baliya and staying in Bangalore for our Jobs. Sister is highly depressed because of her current situation of Divorce being filled by her husband and willing to go back to her husband’s place. I am having following doubts: We have filled RCR and 125CRPC maintenance in Bangalore. Is it right move? Divorce case is filled by brother in Law in Patna, Do we need to transfer Divorce case to Bangalore? What if we won RCR here in Bangalore; whether it will dismiss the Divorce case in Patna? What is the procedure to get the call record and location of mobile Sims through court? Please let me know if we need any additional move is required in the situation? -Chetan

You should not have filed 125 crpc, it will project the picture in different way.  Instead if you only file RCR, asking husband to take her back, then you have more grip in asking court to dismiss his divorce petition.

Once you listen to lawyers and take any legal steps marriage is over. No court can force person to lovingly accept his wife. If you go down the route of using any force - relationship is dead. Courts are not designed for joining families, they are designed for breaking families, enriching lawyers and whitening the hair of young people by dragging cases for decades. Try to work it out mutually. Convince boy and girl to meet with a marriage counsellor for at least 3-4 sessions. If there is chance to save marriage, only path is reviving mutual love and respect between the couple. If there is no chance to do this, go for mutual consent divorce and find happiness for girl in a new relationship. RCR is a waste, even if you win boy can't be forced to take girl back and divorce case cannot be dismissed by winning RCR. 498A is a sure way to antagonize boy and family to a point that they would never even talk to you except on court dates. Court dates will go for 5/10 years and finally couple will do divorce because they get fed up of courts. This is the reality. If you listen to lawyers you will destroy life of girl.

Anyway Marriage over, now case case khelo.  I suggest Find new bakra for youur sister.  Dont waste time, or else you wont get new bakra if sister gets old in court halls, now a days women dont bother to go for live in, that is also good option as you never know if it take 6 years for cases to get over or 16 years.

 

Abey chutiye, teri behen ko chaar kaan ke nicche de aur usko apne pati ke ghar bhej, agar tu aisa ab nahi karega, toh kal teri patni bhi tere saath yahi karegi. Mind it.

Mr Chetan,

It is true that if the husband do not wish to reside with wife court can not force him to love his wife. RCR from the wife's side is nothing but an eye wash and a tool for creating problems in a married life if it is filed by the wife. RCR winning is not at all a "Tamga" or a tool to dismiss the Divorce petition filed by the Husband both the cases are parellal and separate to each other.

Yes you are already have been advised to get transfer the case of Divorce to Bangluru and in that when the Boy have to attend case offen his all AKAR will fall down.

Your PM is duly answered by the undersigned , you are advised to go like that only.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India

"Boys Akar will fall down"

This is horrible advise. Lawyers like to give advise that favors increasing their own business. Doing legal maneuvers antagonizes the parties, creates more bitterness and closes the door for compromise. Reality is that today no justice exists in Indian family law system. The number of years it takes for courts to decide anything is so high that the final result has no meaning whatsoever. If you listen to lawyers you will pay all your money to them and spoil life of girl by running in courts for a decade. Stay away from lawyers like this and work towards mutual compromise that is the only solution. All court cases are a waste of money.