Ami 08 December 2017

Person filed petition under sec 9 for rcr without marriage

I was in a relationship with a person but we never married. Now, the person has filed a petition in Gwalior family court for RCR under sec 9.

He is doing this just to take revenge.This has brought enough mental harassment to me and my family.

Case is in court now and its been a year now and the case has not progressed enough. He has not produced any proof and he remains absent during most of the hearing and keep on getting the extension on the case. In nutshell, the institution of justice (court) has become an instrument for him to harass and take revenge.

Is there any way I can get justice in a speedy manner? Should I write a letter to judge?

Please help.

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7 Replies

N.K.Assumi (Advocate) 08 December 2017

He is filling RCR against you asking your body like habeas corpus petition, even though you are not married with him, though in the past there was relationship right? Now you filed DV against him under section 12 of the Act, with all kinds of violence against you, which I am sure you are capable of inventing it. All the best.

Vijay Raj Mahajan (Advocate) 09 December 2017

There is no marriage but just relationship and on this basis the man filled for RCR. This is a clear case for mental harassment and defamation for you.

I will suggest you file both criminal as well civil case against him, seeking both punishment for him and compensation from him for defamation on the ground of calling you his wife whereas you are not married to him, this allegation has harmed your reputation in the society and cause extreme mental harassment.

Ami 09 December 2017

Thankyou. Mr.NK Assumi, Filing a DV means I am accepting that I married to that person. But that never happened. Mr. Vijay raj Mohan, Can I file this suite when case is under hearing in lower family court. What I want just a speedy trial.

Vijay Raj Mahajan (Advocate) 09 December 2017

So what file cases now as these are wrong allegation harming your reputation now why wait for trail court decision. Unless you put cases against him he'll not understand the implications of filling false cases and defaming the reputation of a lady like this. In these cases too he has to defend and bring evidence of marriage which are not there.

N.K.Assumi (Advocate) 09 December 2017

If he can file RCR without marruage why not DV by you also, as DV is retrospective in its application and can be based on live in relationship or rather say unforgetable past relationship.

Vijay Raj Mahajan (Advocate) 09 December 2017

For DV complaint what is important that the aggrieved person should have been in domestic relationship and lived at anytime in shared household with the respondent. In your case if it was just a relationship like two friends and not lived in shared household in domestic relationship than you cannot file complaint under DV Act.