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Saayujyaa S (Engineer)     25 September 2012

Rcr & 125 crpc

Dear Experts,

Problem: I have 2 cases. The first one is RCR filed by my Wife and the second is 125 CrPC.

Background: Both the cases she had filed after i called her to live togother after we had a common meeting with public and elders but she refused  to come but paralley she had failed these cases with 100 % false allegation 

Objective:  The intension is that not willing  for reunion but she wants  to use these cases as tool to collect some one time settlement  from me

Note : Inside the couseling room she is telling that i want  to live with my husband but outside she is coming and telling me  to give the divorse and not willing  to live (Indded, She wanted  me to say that it has  to come from my mouth that ," I dont want  to live with my wife" so i need divorse. But it will not going  to happen 

My questions: 

1. Is that logic  to file RCR & 125 Crpc ? (One side she is telling that she wants  to rejoinn but the same time she is asking for maintenance) 

2. Secondly, Crpc 125 falls under criminal procedures shall i use this for divorse petion as ground of mental cruality (Onece CrPc 125 allegations are not  prooved by her in the court) Like False DV & 498 A?

3. I plans  to put  a counter and 340 Crpc as well is this help  to come out from the troulec( Since, I knew all are false allegation and they cant prrove it in the court)

 

 



Learning

 1 Replies

Tajobsindia (Senior Partner )     25 September 2012

1. Donot bring to record what she says outside the court. Bring to record what she says inside in a Court.
2. During RCR first hearing say I am ready to take her back at this very moment.
3. At S. 125 CrPC without filing any reply produce certified copy of her RCR and tell this Court that I have never neglected her and she has filed RCR which was though not needed and in Counseling she says she is ready to live with me hence I am also ready to take her back at this very moment.
Keep certified copies of both cases as well as all orders up-to-date for future purposes.
4. Donot be disturbed with what she later files against you. She can till your grave has rights to file whether she gets relief or not are separate matter under discussion.
5. It is too early to file perjury.
6. Don’t file divorce. If she wants divorce let her beg you but nicely. If you have been facing mental and physical abuse, then also you are in your full right to refuse to give divorce to your wife.  A victim need not to sign songs to the tune of the wrongdoer.  If she or her relatives create such an atmosphere to you (in most of the cases it happens like this only to Indian married men) you feel frustrated and come to decision that you have nothing to do except to give divorce to her. The time pass people, some times also the so-called legal experts come with weird explanations that once the marriage relationship has been broken down, why should not you liberate her to live her own life and you live your own life instead of wasting your precious youthful life spending in the corridors of court paying hefty amounts to the lawyers.  But, the important question is that shall a wrongdoer get all the benefits of her wrong doing and the wronged shall face the vagaries of life without a fault from his side?  If you are not interested to go for  another marriage and you want to live life your way, then do not succumb to the pressures of your wife and her relatives.  Do not give divorce.  She means harmonious matrimony then she should not say what she said as in your brief before us. Let her do whatever she likes.  If she approaches the court let her approach the court for divorce.


Now see what she / her sides say in both Courts. Well whatever she / her sides says ask Court to record all their says or immediately make such notes and get allowed filling of purshis as material records of the court in respective matters. Your advocate should know this last part.    



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