fighting back (exec) 28 February 2013

What are the worst possible repurcussions if rcr ignored

Hi guys,

just a slight query to you all, would really appreciate ur advice:

wife runs away from home after demanding a separate home away from parents

husband files missing complaint

wife gives statement to police, "i have no complaint against anybody, and i went away on my own as i had a quarrel with my husband" ( no mention of any dowry harrasment here)

wife again comes to stay with husband, after taking a separate home

again fights with husband when he visits his parents, she drives husband out of the rented home taken by husband, after threatening with dire consequence of filing false DV and assault cases

husband thus immediately complains to CAW cell of wifes behavior

wife summoned to counselling, after one counselling refuses to attend more

husband regularly follows up with CAW cell of police to find if wife has turned up for counselling before resuming cohabitation with her in the house, but she never turns up

after staying alone for a month without the husband, comes back to the CAW cell and states that she is staying alone, and husband has deserted her. and states that she is going away and will only stay with husband when he takes good care of her, ( no mention of any dowry harrasment here)

wife sends legal pvt notice alleging dowry harrasment and threatening of appropriate action else pay rs 10000 per month, after that

wife files RCR

husband files divorce

wife files 125 here she is asking for rs 20000 per month,

husband fed up with wifes behaviour and is not willing to accept her after these legal issues

if wife wins RCR, and husband refuses to accept her, what are the worst possible repurcussions.

pls advice members, will be grateful to you

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5 Replies

S P SRIVASTAVA (ADVOCATE) 28 February 2013

Even if she wins and get favourable order in RCR case, the same is not enforceable by court of law as order of RCR is not executable. In other words, no court can force either party to live with other. You need not to worry about it. Since you have already filed divorce, contest it strongly and also defend case of maintenance filed by her.For any clarification,assistance, you are most welcome to contact.

S.P.Srivastava

Advocate

1 Like

Rahul Kapoor (Legal Enthusiast) 01 March 2013

hello,

if after getting RCR decree cohabitation do not happen for a period of a year then it itself become a ground for divorce.

is your wife employed somewhere ?

regards-

rahul.gogreen@gmail.com

1 Like

fighting back (exec) 01 March 2013

@Rahul & @ Mr shrivastava..........thank you very much for your kind reply, i would just like seek some futher advice from you, in her RCR, 125. and pvt notice by her lawyer, she has alleged various acts of so called cruelty by me and my family members, however no 498 or DV case has been filed by her. only the RCR and 125 are filed. before these allegation she has been to the police twice, which i myself have taken her, as she was constantly threatening me, there, on both occasions she has not complained anything about dowry as such, now suddenly in the RCR and 125 cases she is alleging dowry harrassment.

now, how will these cases proceed? will the court consider the allegations, as these allegations are of harrassment and she is also asking for RCR?

dont these things contradict each other? and that too in the same petition.

@ Rahul...she was working in a pvt school when she was residing here, but i dont have any proof of her salary slip nor the school is giving me, as she has already emotionally blackmailed the principal not to give me any document.

hence i dont have any proof as such/. hence pls guide how i can make the principal talk in the court, also the principal is flatly refusing to come to court, saying that i am a lawyer too. i will not come the court to help you, u go and maiintain your wife . dont come to me for proof. now what can i do? pls advice