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Anonymous1 (fjslfj;)     11 November 2010

RCR & Divorce - Clarification Required

Respected Learned people, Need your inputs on three questions. Pls shower your thoughts.

 

1. Husband files an RCR and sends a copy to wife. Later he learns that the general process is that copy of the RCR along with the summon to appear on the date of hearing would be sent by the court itself to the respondent. Is it true that courts would automatically send a copy of the RCR to the respondent and there is no need for the petitioner to send it?? Also,  Is it wrong to bye pass the court procedure of sending the RCR??? Supposing if the Summon and RCR doesnt reach the respondent on time (i.e assuming it reaches after the date of hearing) how would the respondent know when to appear in the court??

 

2. Husband lives in an joint family along with Father, mother, brother & sister in law.  Husband files an RCR, Wife submits an objection stating that she is willing to join the husband if a separate house is set up for her and huband. Husband doesnt perfer nuclear family. How should husband react in such situations?

Reason for asking separte house: Few minor fire accidents at home & there is an open ground in front of the house and there are lot of insects & musquitos (in extreme occassional instances small snakes)

 

3. Husband lives in an joint family along with Father, mother, brother & sister in law.  Husband files an RCR, Wife submits an objection stating that she is not willing to join the husband in the house where they are currently living but only in a new house (joint family is also fine). Reasons are the same as above. But husband doesnt want to move out of the house as its their own house, they have been staying in the house for the past 30 yrs and these things have never occured before.

 

Pls advise



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 November 2010

 

The summons along with the copy of the petition is send by the court itself , the petitioner does not have to send it. Even if the summons reaches to the respondant late, the respondant can always inquire in the court and the next date can be known from the concerned clerk of the court. 

The situations mentioned by you are more in the nature of requirement of mutual adjustment and understanding and the it can be solved by discussions at home. The gravity and seriousness of the problems can be better understood by you and your family and how much reasonable will it be to change the house or what can be done about it can be discussed in the family itself.

Anonymous1 (fjslfj;)     11 November 2010

Hello Archana ji,

 

Thanks a lot for the response. The husband and their family tried concinving the wife and their parents but they are not willing to change..many reconciliation efforts did not yeidl any results..infact they almost pulled the mangal sutra from her neck...gave a false complaint trhough one of the relatives that the husband has an extra marital affair..and have already taken back all things of their daughter.. the husband and his family are totally broken with their attitude and behaviour and strongly feel that continuing the marital relationship would only be detrimental for both of them and wants divorse..would these be enough grounds to file divorce on grounds of curelty??

 

Note: the complaint on the extra marital affair was an oral one given by one of their relatives using his influence as a depty thasildar and now they claim that the relative had given the complaint without their knowledge (but the police came, took the husband's father to the police station, made him sit for 6hrs and everyone in the family went through mental torture for 6hrs.  Later the husband's lawyer intervened and brough back the husband's father back

 

While taking back all the articles, they made a huge scene, throwed stones and sand on the husband's house which was watched by the entire neighbourhood..

Adv Archana Deshmukh (Practicing Advocate)     11 November 2010

 

In your first post your story was about problems from insects, mosquitoes, snakes etc..however the incidences mentioned in the next post such as throwing stones on the house etc, can be incidences of cruelty and the testimony of the neighbours will be good evidence.


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