Rcr - some clarifications required

hi nandha,

 what is your exact plan regarding your wife and son is not clear, if u want to file RCR then as to why u are thinking  in this way, better you can discuss with your Advocate , on consultation only he can guide you as per situation due on the matter.

regards,

sibasish pattanayak, advocate.

sibasish_adv@yahoo.co.in

09874854594 /09874080022.

Do not start litigation from your side. RCR is a waste case. It is like ordering 498a/dv for desserts.

Dear Querier,

It is your personal choice to go and stay in your native place.  Your wife should stay with you wherever you are.  Court will not comment on whose preference is more reasonable amongst both of you.  She cannot say, as you are living in a rural area, I have no obligation to accept court order in RCR petition.  Court will not force you to live with her at the place of her choice.  Nor the court force her to live at the place of your choice.  It simply gives an order in your favor, which she is expected to honor.  If she does not honor, then after one year you can move court for divorce and you will get it easily.  And the problem is, she can also move the court after one year, and even if she does not honor the court verdict with regard to your RCR petition, she has a right to move the court for divorce after one year and she will easily get it.  So think twice about this before filing RCR.  In other words, she will take advantage of her own wrong of not honoring the RCR verdict of the court granted in your favor and get divorce easily. 

1. Before eiling RCR try to talk your wife and her parents OR send her a latter to come back in sake of your son and matrimonial life,

2. where you desire to live its your decision wife cant refuse to live with you on this ground.

3. She can't force you to live separate or any other place without any sufficient reason.

4. Court cant force you to live in  such place where wife desire.

But dear don't think in deep- this is matter of your matrimonial life with your child life. So poliety talk to your wife and her parents , and save your matrimonial life.

1. Before filing RCR try to talk your wife and her parents OR send her a latter to come back in sake of your son and matrimonial life,

2. where you desire to live its your decision wife cant refuse to live with you on this ground.

3. She can't force you to live separate or any other place without any sufficient reason.

4. Court cant force you to live in  such place where wife desire.

But dear don't think in deep- this is matter of your matrimonial life with your child life. So poliety talk to your wife and her parents , and save your matrimonial life.

Sorry

submit button push more than one time by default. and my advice appear more than one.

she has to live wherever you wish to live... even in a tin shed on a nala...

no conditions...

Dear Nanda

If your wife doesn't come back for disucssions, you please go and talk to her. If you are not comfortable, please request common friends, or family relations to discuss on your behalf. Try to sort out one by one issue.

Still your wife refuse, involve family consellors, this is much better option.

Fortunately, law doesn't force husband to live in a place of choice of wife!! some relief to poor husbands..

Do pray god...

thanks all..

my query is whether should I put a condition in the RCR that I am ready to take her only if she's willing to stay with me at my native place? Will this condition lead to any further complications?

please clarify.

RCR is a waste of the case, it has to be unconditional from its very nature.

Also, you would be inviting counter cases if you file RCR.

donot file rcr.try amicable settlement.afterall you have son with you.wait for some months before initiating court procedure.

@zeeshan - My wife had threatened to file dowry harrassement case not only once but twice. Her parents,  and brother did not even speak with us about the problems instead blindly took her away from my house when I was not present . They also threatened my mom who was alone. Moreover, my wife took away all her jewels including my jewels which came to me as gift from my friends. It seems she had already planned everything.

The fact is that once a wife threatens with 498a even without reporting to the elders of both sides (if she really had faced any dowry harrassement) she has already decided to move out of the matrimonial home. Even her family wants the same, as they took her away when i was not at home and issued threats to my mom even without asking what the real problem was.

Me & my family members are totally upset. Even if we bring her without any conditions, we are afraid she will wait for a wicked situation to make her side strong to file false cases. Therefore, with this fear, i do not think I can lead my married life in a natural way. If somewhere her ego gets hurt, even without our knowledge, she would take the legal weapon. 

Though I wanted to file for divorce and fight any false cases filed by her, but for the sake of my son, I did not want to take that extreme step. But somewhere I want to make it a legal record to safeguard me and my mother. That's why I thought of filing RCR with condition like living in my native place as there will be support from my relatives.

But if RCR has to be unconditional, then as Shonee said, it's a waste time!

Thanks everyone!

Nandha