@ Author
As you tell us in opening of your brief that at one point of time you were staying with your wife at your in-laws home and later filed RCR and crl. case and she and or her side did not (legaly) retaliate so this suit (RCR) in my opinion may not bring ‘matrimonial harmony’ in long term except generatign some assumptive civil proof of a husband in S. 125 CrPC suit if it gets filed from her side. Reason being for a unwilling spouse no acts of god can make her willing to do acts un-willingly which is essence of RCR.
Best course of breaking ice is to pull this case out from floor of court on technical grounds and pray for liberty of pleasure to file later after rectifying those technicalities. Court may oblige to dismiss with such pending prayer granted based on how well your side prays before Bench.
At the time of pulling the case out show such intention to her and her side of family and make a request to ‘equally’ divide ‘stay time’ with both sides of family’s matrimonial home stating both sides of family needs a married spouse company and after marriage the other gender spouse being adult should also balance such division of her time between two homes.
If above reasoning works with your spouse well enough and fine and if it does not then the earlier withdrawn suit may be filed again but since your brief lacks any other strong ground I reserve my doubts. However you have all the facts before you hence act accordingly.
As far as abortion incidence is concerned. The Authorities as per Law (MCI n as per one SC precedent) are required to maintain Abortion records for 6 months and beyond that it becomes fishing exercise for your sides to bring same Authorities to witness box. Hence alleging abortion has to be seen in this context i.e. seek copy of ‘consent form’ from Authorities first and make the criminal case stronger before the said reference is destroyed due to passing timeline. The reason behind getting copy of ‘consent form’ to material records is to validate ‘signature/name/relationship’ of consent giver and if it is not yours but that of any of the members from wife’s side then probably this criminal case may stand test of absolute proof and or otherwise it may itself backfire as one of the grounds under ‘cruelties’ used by wife’s side for divorce later in case colly. happenings till date are not brought to ‘harmonious level’.
Thread as per ‘hosh’ and ‘josh’ and not as per influence by men and agent company / advises that is being kept on rosy pictures assurances. Reason being maintaining long term matrimonial harmony needs lots of give-in and take more so especially by male partner and unless and until the harmony reaches a breaking point it is advised not to push court ‘first’ and meanwhile try and show cause all your efforts to be in ‘good books’ by actions and deeds.
With the lawyer with whom these cases have been filed you need to re-sit again and discuss what acceptable level of evidences the court considers to bring in desired results and tally the evidences that you have if they are of silver quality then only these two cases will bring peace otherwise pull them and re-start with little reasoned balance of matrimonial home sharing time. Involve more neutral people.
They did not filed any case on me.
Take: it is just matter of 30 minutes for wife’s side to file any criminal / civil case against you and or your side of family so from the brief it seems they may have done something wrongs in past but they need more talking and or waiting for the ripe time to come to file cases.
What would be the my approach further?
Take: Talk and reason out why sharing equally matrimonial home is important for both sides of family after marriage. Iron out the root cause.
What would be their (my wife) approach?
Take: They may or may not be aware till date that biasness in family law is in their side so they are weighing options for a reason when a MIL can be alleged to be involved in abortion so it is perception thinking that some law she knows from the men and agents company that she may have been keeping.
How to safe guard from unexpected cases?
Take: This is much debated que. in Family law forum and if you read replies of experts to sufferers from either genders in last 100 forum messages one after another enough knowledge in safeguard you and your side of family you may get and there is no tailor-make ‘protection’ syrup one can suggest as each prime facie forum narrated facts are different in handling as per cause and its domino effects.
