Urgent help

@ Author

1. It is standard practice of family Court to send couples on very first instance for counseling. During counseling if couple agree for certain joint decision then the main case is kept for abeyance and couples given opportunity to follow what they jointly agreed for.


2. Here certain situation developed between couples as per facts before us. The course aggrieved spouse needs to take are; File police report of trespass and misappropriation of property with copy of last order on reconciliation from court annexed to Police complaint, Take urgency Order from an DM / SDM and or Executive Magistrate under S. 144 CrPC, File a GD entry Police report about tresspass and stealign of household and property goods with list of such items and take signed/stamped/GD no. entry report with prayer for investigation from Jurisdiction Police Station where the house in question resides, File Application in Family Court under (civil) Contempt jurisdiction about disobeyance of last Order of the Court by the other spouse with plea to dispose either way the said Miscl. Application under an time limit, refuse further counseling if you donot want her to rejoin matrimony as no guess work should be entertained as stated last line in your above facts, wait for disposal of said Applications outcome and then immediately file Application for withdrawal of RCR and stating matters as in your above brief and other recent developments file for Divorce with Visitation for child + consult on chalked advise with your Advocate too. By filing first above Magistrate suggestion you have already created grounds for Anticipatory Bail and few future material evidences for future litigation.   


Consider option for MCD to end all drams as traumas about to happen in familial life to retain long terms family harmony and that peace of mind in choosen profession.


For the records I donot know as to how an Family Court accepted RCR as well as Divorce petition by same party in same Court? Seems some procedure knowledge narration here by you as per feedback from your Advocate not properly understood. It is just an observation of mine and nothing personal.


BTW Matrimony is no more an experiment with truth of a devi ji now-a-days so let us not live in self inflected dream boat that "she will not join" reason being even if she does join she has many tricks to do harm to a family.

divorce was filed by me in other court of same jurisdiction first  and wife filed RCR in family court later on.
i am not interested in paying her maintenance bcos that's what their idea is of withdrawing RCR filing DV and pleading for accomodation in our flat plus maintenance.
 should i contine with divorce proceedings or get RCR favouring me or defend DV  and sec. 125 for maintenance in case she files