RCR

First of all you have to give reply in that petition filled by your husband. Whatever alligation he has put on, you have to deny all of them in your objection while replying to the court. secondly all courts favours girls. When you will disclose truth to the court the court will consider the same. If you still want to give him a chance then go on.

If you want format for reply or If you want further help, Mail me at advocate.manojchaudhary@gmail.com

Once RCR is decreed it is not executable order.  And it is better to give one more chance to your husband

Dear Reetika,

Give in your reply to the RCR petition, what are the tortures that you underwent and which made you to leave the matrimonial home; which you are not ready to condone and are not in any manner condoning (ii) deny all the allegations against you contained in the RCR petition.  If in spite of this the court gives an order in favour of your husband (which you would not mind - since you also want to give him another chance), yet you would have achieved 2 things - that you would have brought on record the kind of tortures inflicted on you and having denied his allegations.  In future he cannot say that since you stayed with him under RCR, you have condoned the cruelty/torture.

Ms.Reetika,

I agree in toto what Mr.R.Ramachandran has said and would like to add that you should think objectively and instead of getting pressurized of what would happen try to nail the wrong in its bud.  If your conscience is clear think and act boldly and stop being an innnocent victim.  Let bygone be bygone and make a new beginning and by the grace of God everything be fine.  We all by and on behalf of LCI family pray to God all the very best for your prospective connubial bliss.

God bless

Best Regards

Daksh

Hello Learnered people, When the wife deny's all the allegations, wouldnt the husband file back denying that whatever the wife has mentioned in her denial is wrong?? how would the case proceed then??

Dear Anonymous1,

When the Husband denies the rebuttal of the wife it is known as Rejoinder.  Thereafter the matter could be decided in the trial by adducing and proving the evidence before the court.

Best Regards

Daksh

@Mr. Prabhakar,

What if the wife has malafide intentions to put the husband and in-laws in trouble?? my question is

--> Wife denies the allegations in the RCR

--> Expresses her wish to rejoin her husband (But has malafide intentions in mind)

--> comes back to matrimonial home, self implicates injury and puts the blame on the husband and in-laws.

Given that the above could also be possible, what kind of safeguards should husband take?

Dear Anonymous1,

We are client specific while answering the query.  We are not indulging in hypothesis. 

Dear Mr. Ramachandran sir,

This is exactly the situation in my case now. I got to know from one of her relatives that she might come back as they dont have any strong reason to prove harrasement but will try to create such situations now (though we can not prove this nor their relative would come and testify in the court)....i am clueless on what needs to be done and very afraid about my safety and the safety of my family members ( we are in an joint family along with my brother and sister-in-law)

Dear Anonymous1,

You have asked a right question which is the scenario in most of the cases ( I am NOT saying that the author of this post may also have these kind of malafide intentions).

Dera LCI memmers,

Could any learned exprets adivise regarding the questions asked by Anonymous1?

Regards

Kiran

Dear Kiran,

Pls dont get me wrong. I never even intended to touch the integity of the author. I just wanted to discuss this topic end to end and understand both sides of the coin.

Thanks Manoj Sir, Mr. Ramachandran, Kiranji and Daksh for your valuable advice. I don’t have words to express my gratitude.

I too agree with whatever you all have told me.

So describing more to my situation, I came back to my husband’s home about one month back after staying apart for about 1 month. The reasons for leaving his home were the mental and physical torture he and his family gave me. However, me and my family were in a impression that by staying apart , if not his family than at least my husband will think of what bad he has done to me, will recognize my importance in his life and will regret and will come to me apologizing and everything will be smoothen again. However, I waited for good 1 month but nor my husband and neither his parents tried contacting me, my husband never made a single call to me to know about my whereabouts. However after waiting for 1 month, I thought if he is still not ready to take initiative, let me take the same at my end and go back home and talk to my husband so that we can save this relationship. I did the same and came back home about 25 days back. However, to my surprise, my husband was not ready to take me in but when I requested he opened the door but told me that we can not stay together as he has already filed  case in court and until the decree is passed I can not come back to his home. I denied it saying that I m not going anywhere and since this is my home too, I will stay here only and I have come back to give this relationship another chance. He called his father (his parents stay in other city) and I don’t know what did he told my husband, he got ready for office and left. I work in night shifts and in evening I too left home for my office. The next day when I came back in morning around 6am, to my surprise , my husband was not there, he left home taking all his clothes, documents, shoes, his bike and my car too (which my mother gave me in my marriage and car is in my name). I tried calling my husband there and then but he didn’t pickup my phone nor my relative’s call. The second day when my uncle called him from an unknown #, he picked the call, my uncle asked him why has he left home taking all the stuff with him and that too without letting his wife know. To this he replied that he has filed case in court about 20 days back (when I was not at home) to get his wife back. He made my uncle understand that it’s just a legal formality to make sure our relationship will go smooth in future. My uncle who doesn’t have much knowledge about legal issues, trusted him and asked him to send a copy to us of the legal notice so that we could also see what all my husband has filed in court. He within an hour mailed the RCR copy at my ID and we all read it and me and my relatives were surprised and upset over the allegations he had made in the RCR notice. He stated that my mother has not given anything in my marriage , nor his family has demanded anything, marriage was a very simple function (although my mother who is  a widow has spent around 19 lakhs on my marriage and we have all valid proofs for it including snaps and bills). Also he mentioned on his petition that his parents have gifted me jewelry and clothes worth Rs. 4 lakh (which is gain totally untrue) and I have left home taking all these items with me w/o informing my husband and his parents. However the truth is all my jewellery which my mother gave me and also which my in-laws gave me in marriage are at my in-laws custody since day one of my marriage. Also, he mentioned that he and his family tried contacting me many times to make me come back home but I refused to come back home (this is again not a truth).But to paint his good picture, at the end he has requested in his petition that he wants his wife to come back.

He informed about filing RCR just about 1 week prior we had hearing in cort. Me and my family members were surprised about this thing as well. However, we hired an advocate so that we can reply back on his RCR notice but since we still wanted to save this marriage and me and my mother still believe that whatever my husband has done and is doing is all because of his parents and they are the main culprits behind my sufferings and spoiling my marriage.

Our advocate made a very good reply to his notice denying all the allegations on my behalf but also mentioning that irrespective of all this happened to me, I still want to give this marriage and my husband another chance and want to live with him.

Now after one week when the day of hearing arrived, me, my mother and my uncles were present at the court but from my husbands side, it was only his advocate and his father, my husband didn’t come that day. The judge asked the first question to his advocate if they want to save this marriage to which his father replied yes but his advocate pinpointed that his client wants to save the marriage but not the girl to which my advocate replied there and then that girl is already at her husband’s home but husband himself has left the home and also has filed RCR against his wife. To which the judge was obviously surprised and told both the parties that he wants to meet me and my husband in the next hearing which is after 10 days and he thinks there is nothing much in this case as both the parties want to live together. Also he asked my lawyer that he need not to give the reply on the RCR petition as this case seems to be solved already. So my lawyer on Judge’s instruction didn’t file our reply to my husband’s petition.

Now my concern is what will happen after 10 days when we will have the hearing in court? How can judge that my husband’s intentions are really good and he also wants to keep this relationship?

I cudn't read it completely

But to put it concisely,

If you are willing ....

1. to join back the company of your husband

2 and in fact you went back there,

3. and probably, the summons you received for the RCR is the at the residence of your husband (or even before that you had already reached back to your husband's home. but he left that premise alongwith all items and your car.) and your streedhan is lying with your in-laws (which you have to prove appropriately)

RCR can not be passed, as there is no need left and there is no issue where you both differ, and b'cos during your councelling sessions only councellor wud give report that............ wife willing to join back...THEN Only compliance wud be monitored and need to be reported to hon court.

Matter dismissed logically at the councelling stage only.

Pray to hon court NOT to pass any RCR decree in the first place, b'cos you are willing to join back his company and cohabit but with some apprehensions in mind. that's ok.

Read many other topic on the same on LCI.

If Husband gets RCR decree. ...probably he would not execute it in 1 year, and a easy ground for him to ask for divorce after that...

Thank you Sir for your reply but the last sentence you mentioned made me anxious. “If Husband gets RCR decree. ...probably he would not execute it in 1 year, and a easy ground for him to ask for divorce after that...” Can this really happen, If my husband really wants to get divorce from me , why would he apply for RCR in first place and why not divorce directly? Also in case RCR will be passed in his favour, I will be asked to live with him (which I would accept since I still want to save this marriage), would my husband too won’t become liable to accept the decree passed on his favour and stay with me. What if he still refuses to stay with me/ keeps it denying until 1 more year to make ground for divorce? What action can I then take against my husband to make him stay with me and obey the decree passed in his own favour? Can I then file an RCR on him?