Kiran Kumar (Software) 15 April 2013

Need help regarding rcr

Hi,

I got married ten years back , My wife is suffering from brain hemarraige, and I got her operated in Bangalore Now she is doing fine, but one day we had a small quarell and I slapped her. Next day her mother came and took my wife and Kid

My wife send me legal notice with lot of things like Dowry harassment etc. I went to her home for negotiations her parents are not allowing me even to see my kid. I am not looking for divorce and during negotiations they told they are not planning for 498A. The negotiater told me, my wife is scared to come back and she is not intrested to come back. Some how I want to live with her, If that is not possible at least I want vistion rights for my kid. I am not intrested in paying any amount as maintenance,as that will only help her in never returning back. I have few question

a) Can I file RCR in above case? What are the disadvantages if I file RCR

b) How Can I request for child vistiation as they are not allowing to call/meet my kid

c) What other options I can try

Thank you for your advise

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7 Replies

ajay sethi (lawyer) 15 April 2013

yes you can file for RCR . your wife cannot deny you visitation rights . suggest vsiting a marriage counsellor

ajay sethi (lawyer) 15 April 2013

yes you can file for RCR . your wife cannot deny you visitation rights . suggest visiting a marriage counsellor . however please not even if you get an order for RCR you cant force your wife to stay with you

Kiran Kumar (Software) 15 April 2013

Thank you for the response

However after reading below thread https://www.lawyersclubindia.com/forum/details.asp?mod_id=43385&offset=9#.UWvdV0qQWFA, My only worry is I will be slapped with 24 HMA, and end up paying maintenance. Is there any other way , I can ask for KID visitation without RCR?

Kiran Kumar (Software) 15 April 2013

@kiran

its shameful to hit a female
<I Agree and I am ashamed of same>
please file for child custody and visitation rights.
<Can I do without RCR>
if u want to stay with wife , u can also file for RCR
< I wish to stay with wife>
dont fear for maintenance. she has to prove that she has sufficient reasons to stay away from u ..and needs money to support herself.
< She Needs money to support herself as well as kid , but there is no reason for her to stay back. She is only saying there is a therat to her life>
u have to pay child support as well, if ur child is wth ur wife.
<I am more than willing to support both child and my wife. But my worry is Once she started receiving money, she may never want to come back, There will be no motivation for her to back>

ajay sethi (lawyer) 15 April 2013

you have not mentioned your wife qualifications . whether your wife is earning or not . if wife has deserted you without sufficent cause court may not direct you to pay maintenance . however you are liable to pay for your child maintenance . as you want to stay with your wife file RCR

Kiran Kumar (Software) 16 April 2013

Ajay,

Thank you Very much

My wife is having no income. She is B.com. Graduate with no income,

I want to know

Is there any alternative way for child custody without filing RCR, as in her Legal notice sent to me with dowry harassment, which I never harassed, she wants 40K which is very huge sum for me to pay monthly

There are no major issues except for trivial fights. My lawyer is saying, courts will show sympathy towards her as she is already undergone major brain surgery twice and you may end up paying maintenance if you file RCR