bharat babu (NA) 02 August 2013
Prashant Agnihotri (Lawyer) 02 August 2013
R u belong to which religion or under which marriage act,your marriage was registered
RCR Exparte = 3 notice served but not appeared + publication in newspaper
Divorce = RCR decree + one year complete tenure without cohabitaion or reunion of your wife.
False 498a prooved = 100% DIVORCE
False DV case prooved = 100 % divorce
No Maintenance to wife = An adultery wife or A desertion done by wife or An earning wife
Thanks & regards
A sufferer....
adv.raghavan (Advocate,9444674980) 02 August 2013
even if you get in RCR case, expartie decree they do have all the right to file set aside petition. how long you have been separated? is your wlling to go for divorce mutually, since u have filed RCR u cannot file divorce case, she has to take initiative. even if you get expartie order in RCR,as you said u have to wait for one year with the order to file DIVORCE petition.
Prashant Agnihotri (Lawyer) 02 August 2013
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 Coutr
and 498a is themost ferious weapon in the arsenal of wife your RCR will also help in trial it will not preclude you from arrest as the offence is cognizable and non bailable
bharat babu (NA) 09 August 2013
RCR Exparte = 3 notice served but not appeared + publication in newspaper
My concern: I already sent 3 notice..
1. Copy to their house: they returned it.. Copy to Court missing, no record in court, but we have regd post delivery confirmation from post..
2. Copy to their house: they returned it..Copy to Court: reached after the proposed date, due to strike at their court, and from internal sorce I came to know that they are not going to send to my FIL house, as date crossed already..
3. Copy to their house: they returned it..Copy to court is is not yet searved at my FILhouse..
So in such case if they will not appear and enev no any reply then can we try for experty or should publish in news paper, then only we will get experty?
Divorce = RCR decree + one year complete tenure without cohabitaion or reunion of your wife.
Ok say about I will get decree, but during any time she will tell for reunion.. So in such case can I avoid to take her? if so then how?
False 498a prooved = 100% DIVORCE; False DV case prooved = 100 % divorce ; No Maintenance to wife = An adultery wife or A desertion done by wife or An earning wife
Thank you for comments..
bharat babu (NA) 09 August 2013
Dear Raghavan Sir,
Thank you for your reply..
even if you get in RCR case, expartie decree they do have all the right to file set aside petition. how long you have been separated? is your wlling to go for divorce mutually, since u have filed RCR u cannot file divorce case, she has to take initiative. even if you get expartie order in RCR,as you said u have to wait for one year with the order to file DIVORCE petition.
Responce:
In case I will get decree,after that during one year period can she request for reunion? But as I already lost my faith, and don't want to take her any more.. .. So in such case can I avoid to take her?
One point with me that, after I filed RCR, my FIL sent a letter that, I tortured her (physically and mentally to my wife, dring our stay together), which is completely false..All this they are telling becasue they had some demand:
1. Return her study loan (which she acquired before marriage) Although that thing cleared before marriage that my FIL will return, but after marriage my wife changing voice. (I have telephone record)..
2. Seems to be, she love some body before mariage, and after mariage in my absence they was talking where her past boy friend demanded that " why my wife did not gave my contact" so that he might pay me some account inorder to get her (my wife).. in later stage, wth al these records, we had a quarrell with her past boy friend to not to arise such matter, and again I told to him that if he (my wife's boy friend want her).. then I am ready to give you.. but don't create problem in our happy married life.. All these things are also well known by my FIL and MIL.. (All these I have voice record) and surpsiing that after that also my inlaws not cooperate to me in such matter.. After that my day by day my wife changing her voice, and separated for 1 and half year already..
She is telling that in my place no job,so she want to stay at India to do job.. AT my place her health s not good...etc etc..
so in such case what shall I do?
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