After receiving RCR petition wife return to my home but not interested to conjugal relationship. Even she was not present 1st Court hearing no advocate from her side. At the time of return my house she call police and complain false allegation. Now try to get a chance to file 498A.
What I do at this situation, continue RCR and remain cool ??
sandykrish (Interested in Family LAW) 08 January 2014
@ Author that is the reason why most of the seasoned lawyers in this forum suggest not to go for RCR. When you apply for RCR just keep the logic behind that your marriage is technically dead. Now since your wife has gone and complained in the PS it is logically for her to say since my husband has torchured me I have nothing to do with his prayer. Even if the court orders your wife to stay and start conjugal life, the same court cant force your wife to stay with you. Now the Police complaint has come after the RCR your lawyer can always claim that it was a counterblast for your RCR.
1. Now by understanding the above situation even your wife is also not interested in starting the conjugal relationship, she has gone to PS to create a fear in your mind to arrive at settlement.
2. Hypothetical case here may be the 498A can be launched followed DV act which clearly states that you wife is ready for settlement, I would advice you to talk to hear through elders and ask her sign the dotted line of MCD.
3. Since you have not given your background correctly I can't advice you at deeper level.
4. Lets say if she has filed 498A against you I would advice you to withdraw RCR citing the 498A reason and immediately file for Divorce.
5. If 498A or DV act is not filed I would suggest you to continue with RCR, Anyways you will have to go through the mediation formalities for 60 days or 3-4 sittings, understand her intentions and proactively put a word for MCD and then take this case accordingly.
6. Now for time being chillax and focus on your work
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