Mental torture

Madam,  It is waste of time and energy filing RCR.    Please show your intentions of living with him in the original divorce petition.   You can file section 24 in the same divorce petition, to cover your litigation charges.  Also you can seek to move your petition to your town.  You mentioned you are in Kerala.  Where is he located ?

Lawyers fees depend on his standing and your ability to pay and many other factors.  Divorce process may not end in 2-3 years, it will take anywhere between 5 to 7 years depending on the courts and the parties involved.

Y i am filing for RCR is dat bcz he has mentioned in the petition that i deserted him since August, and in this petition which i am gonna file today i have clearly mentioned that i am interested to sontinue my life with him, and what are the reasons that quarrel shoot up between us ( that was due to hus parents).

 more doubt currently he is unemployed, suppose if this ends in divorce how is he going to pay maintenance for myself and the our 18 months old female child, can we demand his property which is in his name ( he can enjoy it only after his parents death), What if his dad change it into his suppose bothr or sistrs name so as to as void giving property to my child?

Pls answer me, i can know my hus mind only after a counselling, that the reason i am thinking all of it nwitself!

Pls xplain what is meant by Litigation Charges, u mean the expenses i pay to the advocate?

So, how long will i have to pay, until i accept for a divorce....

Madam:  I honestly advise you and you can seek any other experts's opinin here if they would still recommend you file an RCR when a divorce petition is pending  - given your circumstance now.

What you want to claim in RCR, can also be filed in your divorce petition.  You can deny all his claims and put forward your side of your story.   As if one court case is not painful enough, you are trying to go for a second petition to add to your pains.   You still have to go and answer your divorce petition.  Can you avoid it ?    I believe you have been wrongly advised by your lawyer.

Thanks MRR, I understand u ,

Pls answer me in this matter

Susanna:  I suggest you handle the situation as it comes.   You are saying he is unemployed.  How is he maintaining himself ?  Another question is, how are you maintaining yourself with the child ?  You have a job ? 

Litigation charges are the reasonable fee you pay to the advocate, travel charges or any other charges incurred to you as you have to attend the court in defense of the divorce petition.   If he is living in destitution and is not an able bodied person then it is a different story.  But you have to claim it from yourside.  

I understand you are worried about your child's properties.  But please do not think about it for now.  There is no point in imagining too much into their actions.    Please go with an open mind to the counselling.  

He is unemployed, currently he stays with his parents.....Me i am employed but not officially i.e he dosnt have any records of me working and morover my parents support me and my child...so in the present situation we are not facing any problem cz my parnts support me........

His parents are able bodied person who very well can support him and he has a good amount of property too in his name, 

You are right MRR...There is no point in imagining too much into their actions. 

Actually i am tensed, literally i dont have any ideawhat will be the result of counselling....

As the situation stands, please go and attend counselling provided at the court, with an open mind that the counselling will be successful.  Please keep all other things out of your mind. 

Thanks a lot MRR for your prompt reply...

@ Author,


1. For an unwilling spouse all counseling fails. Counseling / mediation ADR can always be refused by either spouse to a suit matter. They become compulsory only when Appeal are filed and superior Court discovers the lack of parties previous will to have enjoined such ADR mechanism and thus on many occasions have refused appeal grounds ! He still will not loose his life if refuses counseling after all it is still in civil domain nor you can flood tears in Courts to force him to join counseling. J


2. For an unwilling spouse no act of God can compel to enjoin h/er into matrimony and even if a divorce suit is dismissed and after its dismissal harmonious matrimonial relationship can not be re-instated with a sword of lack of trust hanging on his head against you!


3. One spouse in brief has now awakened and even emotional blackmail of child in guise of counseling may not be enough to trout matrimony to its logical innings. Infact such thoughts as in one of your briefs should not have come in-between as a child is both parents and not exclusively yours only!


4. There is something else which only two spouse have special knowledge of that has happened to come to such cross-road in this thread post. See where you actually stand and act accordingly.


Colly. reasoning:-

a. Husband will inherit property(ies) and right now FIL is alive ! he does not have registered on his name property(ies) as yet!
b. Share from his property couple’s child may claim via natural mother provided natural father does not gift it away meantime and or forms a Trust! Same cannot be re-instated to original status to claim by child then J You say in one of your replies that you have more properties than your husband yet twice - thrice you asked about child's share from father's properties - to a natural person these questions coming form a innocent spouse meanign for restitution of her conjugality looks bit odd however you asking it was not harmful in any way atleast you were clarified!
c. A wife while her husband is alive cannot seek her share of property(ies) inherited by her Husband. There is no such Law. She can claim child’s share only.
d. Wife is working whose special knowledge husband does not have whereas husband is living on family income (whatever that may be) hence un-employed. He will not be forced to meet maintenance for child being in such typical status. Only thing that may happen that also with great efforts from your side is bailiff sent to takeover on his registered name any/all movable / immovable assets and sold under open market and deeds given to you under Court Order which colly. Are very very long drawn procedure. However Jail is also one of the option, now if you claiming “innocent” then it is obvious you will always have a weak say as YES to send your own husband to Jail for civil maintenance disobedience – right or wrong guess yourself! This special knowledge you may have!
e. Wife will also not be able to get maintenance arrears cleared on same though process line plus she is committing ‘perjury’ by stating in public forum her employment status yet in future claims for maint. And or even legal expenses for the proceedings which she may introduce as her cause of action.
f. One side one spouse in thread claims to be “innocent” yet she has compiled all relevant “alleged proofs” be it his inherent property, income or lack thereto, forgery of certain docs. etc. so how on earth this spouse claims that she is “innocent” and means “retaining harmony in matrimony”!
g. The act of husband claiming divorce is well mediated thought process of his and rest ingredients are counter masala which we see in day-to-day practice to somehow differ claims of genuine spouse.
g. There are two ways to counter claim your innocence and well meaning of maintaining your matrimony against his divorce claims – one is under reply para from your side to his divorce suit pray for denial of his prayer and grant of restitution of matrimony to you as counter claim as in not breaking matrimony and or file RCR (restitution of conjugal rights) suit separately. The advantage of including restitution prayer as stated above as your reply to his divorce suit is that you are stalemating his divorce moves and now court has larger role to play and either at the end of the trial dismiss due to lack of pre-ponderence of probabilities as to substance in allegations he took ground of to seek divorce and return his suit to original status quo and or once you file counter RCR suit separately both suits will runs parallel and believe me one day you will go nuts handling two diverse challenges and end result may be anything – his divorce dismissed and suppose you won your RCR and then he is un-willing then even Hon’ble SC can’t make him join company – so then what?. But all these are worth a try if now some movement by either spouse is live in a Court.
I would have preferred all these given larger try endlessly outside Court before any matter reaches Court. Once matter reaches Court human ego plays larger factor than acts of God concludes via handy work of few Judicial application of mind in matrimonial matters.


Hence ATB.
[ATB = All the best]

Can i my minor child acquire the ancestral property of her father? or can i file an injuction order as i fera they might sell the property without my knowledge!

I want to make the life of my Child safe after my Divorce!

lawyers am seeking your valuable information,which has to be 10% correct , as i have to move accordingly .