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sanjay (manager)     25 July 2012

Shud i file rcr and get ab before she files divorce

HINDU LUV ARANGD MARRIAGE 5 YRS BACK IN KERALA BUT WE NOW RESIDE IN DUBAI,SHE SAYS LOST FEEL AND WANTS DIVORCE AS SEPARATED 2 MNTHS TO NEXT FLAT WITH HER PARENTS.HOW CAN I AVOID DIVORCE,SHUD I FILE RCR AND GET ANTICIPATORY BAIL BEFOR SHE FILES 498A,HOW CAN I DELAY THE PROCEDNG AS MORE TIME MITE CHANGE HER MIND &COME BACK.WAT IS PROCEDUR 4 RCR&AB,HOW LONG WIL IT TAKE AND HOW MUCH AVERAGE COST.

WAT EXACTLY IS 498A,406,RCR,RTI

THANKS

SANJAY



 6 Replies

Tajobsindia (Senior Partner )     25 July 2012

 

 

Originally posted by : sanjay

 

XXX HOW CAN I AVOID DIVORCE,SHUD I FILE RCR AND GET ANTICIPATORY BAIL  XXX HOW CAN I DELAY THE PROCEDNG AS MORE TIME MITE CHANGE HER MIND XXX .WAT IS PROCEDUR 4 RCR&AB,HOW LONG WIL IT TAKE AND HOW MUCH AVERAGE COST.
WAT EXACTLY IS 498A,406,RCR,RTI

 

1. You can avoid divorce by contesting the same and by demolishing her evidences..
2. For AB RCR is not pre-condition.
3. You can delay proceeding by joyriding reconciliation proceedings in divorce or rcr as the case may be before family court.
4. The procedure for rcr is to first hire an advocate via reference.
5. The procedure for ab is again same as para 4.
6. RCR will take to get decided in 1-2 years. AB takes just 2-3 days to allowed or dismissed.
7. Average cost is not published yet and depends upon advocate to advocate and your pockets.
8. For knowing more about 498 / 406 / rcr / rti read last 500 mails in constitutional Law forum + Criminal Law forum + family law forum. .

 

Avni (HR Executive)     27 July 2012

Hi All,

My Husband is unecessarily fighting with me since few days . To close his credit cards i have taken a personal loan of 3 lakh rupees . My dad has taken a loan of 6 lakh rupees for helping us buying home. The home is on his name. I have sold all my gold for my father in law's kidney operation. After doing all this now my husband is asking to get out & asking to go to my parent's house. I am feeling that he might file adivorce aginst me but my only concern is 10 to11 lakhs that has been spent on him will he compensate me back. what should be my move on this?

Tajobsindia (Senior Partner )     27 July 2012

Originally posted by : Avni
  XXXX but my only concern is 10 to11 lakhs that has been spent on him will he compensate me back. what should be my move on this?  

He he he generic impression is that metro wife always insist to save her marriage at any cost BUT you proved 1+6 time pass female writers of LCI so wrong for which generic thank you !

However above besides the point here, file a suit for recovery of loan if paid by cheque under stridhan proceedings as an independent complaint case as above 20 k cash transaction cannot lead to money trail in your favour.

Donot loose hope you will get your 10 – 11 L back with interest on the cost of your divorce. Consult an advocate specializing in dowry / stridhan cases locally.

Avni (HR Executive)     27 July 2012

Sorry i didnt get you. of course i want to save my marriage but as this is my dad's money i just wanted to make sure that just in case if he files a divorce what will be the repurcusions out of it. i dont want to get separated from him. but i am getting a feeling that he is just using me he wants my money. his allegation on me is i dont behave with his parents prperly who dont stay with us because of me.i am fed up of everyday fights and today he is asking to stay with my prents so it might happen that he might ask me to leave him so just wanted to be atleast sure about money. As money is the thing which helps you when noone other helps you.

Tajobsindia (Senior Partner )     27 July 2012

Originally posted by : Avni
 
Sorry i didnt get you. of course i want to save my marriage but as this is my dad's money i just wanted to make sure that just in case if he files a divorce what will be the repurcusions out of it. i dont want to get separated from him. but i am getting a feeling that he is just using me he wants my money. his allegation on me is i dont behave with his parents prperly who dont stay with us because of me.i am fed up of everyday fights and today he is asking to stay with my prents so it might happen that he might ask me to leave him so just wanted to be atleast sure about money. As money is the thing which helps you when noone other helps you.
 

Oh ho too late to change “my only concern” wordings however this also besides the point here when marriage was great your father for consideration to maintain your relations with him / his side of family was paying for flat purchase and pressing medical needs of in-laws relations which is natural humane behavior to maintain relations and now when husband is acting funny your “main concern diverts to recovery of money” with some justification which is also all right to say.

 

 

That is why I said earlier; file a case of recovery of money if paid by cheque that will give him a pause to re-think to file divorce or not. Anyhow one day or the other your main concern has to be addressed socially or legally so keeping matrimony kicking that concern can never be addressed socially for a simple reason either save marriage by sacrificing 10 - 11 L as write-off be it so he is behaving erratically now-a-days or file a complaint case and put him under check and somehow maintain matrimony as well as recover with due process of law (reconciliation etc are such process which are legally done for couples to maintain harmony failing which due process of law takes over then relationship cannot recover / patch up). It is like saying my dad paying you 10 – 11 L, maintain harmony with me I don’t think with that harmony in matrimony can be maintained for long by both sides.

 

In simple English what you are being suggested is not social talks to recover the money but actual threat (which can even be withdrawn later on once money recovered) i.e. file a case with which recovery is possible if you can prove money trail of giving it. Once money thus recovered you can suggest to him to now maintain harmony in matrimony. That risk is all yours to take.

 

 

I can sense your insecurities which is obvious here and my observations are not on them. Or another suggestion is to give present relationship some space and time as right now he is under stress of father's organ transplant coupled with not following his social expectations and making a joint family nucleus (you both living separate from in laws / he saying you donot respect his family etc. etc). You are under impression that with money given rightly when it was needed relationship if goes bad first recover money then maintain relationship is not the way things happen in real world. I said what I have to visualize legally as in above paras. That is limited that can be suggested legally here which was my view.

 

I mean what is the big deal here once this query enters legal platform after brainstorming socially (which is obvious you / your side might have done earlier) other than to suggest legal ways out where collateral damage is always bound to hit one or both parties that is sad part of using law in a hurry? Or if you have better suggestion let us discuss / iron them out logically keeping law in preview.

sanjay (manager)     28 July 2012

shudnt RCR be filed before she approaches a lawyer and files divorce?and does RCR take 1-2 yrs from court to be issued,then wat happens till then with she being separated 2 mnths now?wat r the docs reqd to file RCR and do i need to be present as i'm out of india


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