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Nandha (NIL)     03 December 2012

What reasons can fail a rcr petition?

Dear Ld. Experts,

 

Can anyone throw some light on the reasons/circumstances which would not favour the husband to win his RCR petition? 

 

thanks

 

 

 

 



Learning

 5 Replies

Msk-need -nuetral- laws (self)     03 December 2012

If j=husband willfully deserted his wife on the ground of invalid reasons, if wife can proove that, RCR deemed to be failure. Plus teh criminal cases like DVa nd 498a initiated and its acceptance by DP officer or CAW cell also will put a person in deep water. May be experts can enlighten us

Nandha (NIL)     03 December 2012

@mani,

 

In this case,  wife created a scene and left the house with their father in the absence of husband after threatening the mother-in-law.

Msk-need -nuetral- laws (self)     03 December 2012

Caution: I am a victim, not expert, taking my advise is purely your choice.

I read in this forum long back in a thread about the RCR process and its effectiveness. Not sure whether shonee sir posted it. That has relevant information about the difference between RCR and divorce. Please search and read it, may help. In my opinion, A wife for small quarrel who left will respond positively for RCR but woman who is unwilling will respond with one of famous complaints of dowry/DV. It is simple as that. In such case , you can know her intentions and its effectiveness.

victim (master)     03 December 2012

dont go for rcr as this may backfire. as normally in rcr its tough for her to prove valid reasons for her to stay away from you as in rcr proceedings in her defence she will say u dont respect her parents, u dont love her, ur family members harasses her and her life was miserable at your place and for all allegations there is no evidence except her tears. Then u or your lawyer may ask her, if life was that tough then why u never complained earlier for that she will lie that you people were not allowing to do so due to ur influence etc and then to prove her point she may start with her weapons of 498a dv etc.

victim (master)     03 December 2012

you know ur wife better if u think that its worth continuing with her then dont go to court anyhow try to find a way through mediations and family discussions. And if u feel its not worth continuing with her then create situations due to which she will start her leagal attach and be prepared with all evidences and proofs to save your self. For that read 498a survival kit and in advance inform all authorities of state.

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