seema (xxxxx) 10 September 2011

RCR & mutual settlement

wife, who had filed RCR, along with her husband files a joint petition that a mutual settlement has been reached between both of them and they now want to settle the erms and conditions on which their marriage will be dissolved. Amount of maintenance is also mentioned in the joint petition. court has fixed a next date for both the parties to appear.Now my queries:

1. if the other terms and conditions are not acceptable to the wife, whther she can go back to her earlier stand for restoration of marriage since wife had filed the RCR?

2.whther by any chance the case of the wife for RCR has been weakened by filing such a joint petition?

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2 Replies

Adv. Chandrasekhar (Advocate) 10 September 2011

1. if the other terms and conditions are not acceptable to the wife, whther she can go back to her earlier stand for restoration of marriage since wife had filed the RCR?

Yes. She can go back from the settlement expressing clearly the objections she has about some terms and conditions. It is advisable to give the objections in writing to the court. Then the court will not proceed further in respect of settlement reached between the parties.

2.whther by any chance the case of the wife for RCR has been weakened by filing such a joint petition?

No. It is not weakened. But I have got my own doubts about the effectiveness of RCR. One Mr. Shonee Kapoor wrote a beautiful article on the ueselessness of RCR petitions in criminal law forum. I advise you to go through that post once.