radhika (housewife) 31 August 2012

Rcr by husband and 125 by me... right or worng???

i have been treated badly/brutly by my in-laws and later on by my husband .... so i left my husband and came to my parents house, than after 3 months i had a discussion with my Uncle/aunt-in-law, and he asked me i should go back to my matrimonial house and fight for my right... becaue i have a right in the house to eat and the way want to live and my in-laws have no right to treate me like a slave or a maid or an ATM Machine. ... however, after 3 months, i reached my Matri-house but my husband and in-laws did not allow me to enter, so i called my parents and my uncle, they all were insulted my by in-laws and my husband refused to continue the marriage. .. so i approached Women cell, there also my husband refused to take me back... then after one month he filed for an RCR... and then on the other hand i filed for 125 section. ... , and whaterver he has mentioned in RCR is all false and untrue....

however, its not easy for me to divorce him, becsue at some point of time i feell he has loved me and I have also... and i still hve feeling for him as my husband.... 2yrs of relation is long, stayed together.... Have i done justice for filing 125section??? and in 125 i have mentioned everything the way those people treated with me and given a chance i would like tgive one more chance to my marriage.... first hearing for RCR and 125 has not done.... i want to know he genuinly wants to stay with me or he has filed an RCR to save himself....?

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4 Replies

Prashant Ghai (Advocate) (PrashantGhai.com) 31 August 2012

Well, going by your query detials, I believe he has only filed an RCR as a means to protect himself from a possible complaint under DV Act which you might file in the future and also to show to the court that he wants to stay with you and it's you who has left the matrimonial home on your own accord.

You have done the right thing by filing a petition u/s 125 of the Cr.P.C. Whether your staying in the matrimonial home or your parental home, it is his duty as a husband to provide maintenance.

Adv.kazi syed vilayat (member) 31 August 2012

wel, radhika you have done good job y filing 125(1) of cr.p.c but to pressuries the in laws you have to involve them in the case as they have illtreated you & your part. relatives for that purpose you have to file petition under D.V. Act by including the namesof inlaws who have illtreated you & it will be helpfull and speedy one .

The most imp. thing is that in D.V Act you can claim the compensation for illtreatment and also for any medical expences so go for this and you can run the both petitions at a time.

HK_Jain... (498a Fighter) 02 September 2012

Its depend upon you Radhika

If you still want to come then contest RCR by showing your willingness to join matrimony before court if you want to add some condition then you can do also and go with him otherwise fight for 125.