Why not to file restitution of conjugal rights

@ Dhruv,

I believe we have discussed your case, and RCR is not a good option. Safeguards have been advised to you.

Regards,

Shonee Kapoor

Chandermohan,

Yes, she can still file 498a and DV.

Regards,

Shonee Kapoor

@ Sunil: You can choose a path of patience

@ Gaurav: Read the complete article a few times and you would realize why.

Regards,

Shonee Kapoor

Hello Shonee, I have a question. My sister married a guy 3 yrs back without telling us. From past 3 months they were fighting on trust issues. And suddenly the guy absconded one day. Its been a month that he is not contacting her. Thats when she told us the whole situation.

We are refering many options on how to deal with the situation. My question is would it be advisable to file an RCR? would that make him come out and atleast explain the resons. Would appreciate your guidance.

Thanks,

Shruti 

Hi Shruti,

What proofs you have of the marriage? What solutions are you looking right now.

RCR can explain situations but not give you many solutions.

Regards,

Shonee Kapoor

my lawyer says that it would mean that u want to keep the child and wife and hence the bail can be given. also there is no maintenance oif u file 9 case. is he lying.

How I wish!!!

Shonee Kapoor

Dear shonee sir,

I have some doubts related to RCR & divorce.Plz do clear it for my current case as Iam very confused.

1. My marriage duration is only for 6 months were wife lived with me for 2.5 months.

2. In this 2.5 months the mental trauma from wife and my inlaws were untollerable to me and my family .

3. Within 2 months of marriage their intention of extortion and eyes on my mothers property  to be named on her daughter's name was found by me and my mother.(So we were reluctant to this and they have threatened us).

4. We made police NCR. and submitted letter to human rights commission about the conscipiracies and threats.

Now the girl is at her parent home after living with me 2.5 months(unadjustable and all the informations given prior to marriage was false against her).So,she never wanted to live according to our family conditions and instead of that she threaten us to implicate us in false cases.I tried many times to teach the basic things how to leave with a descent way and obey parents and how to cook etc etc.but after leaving her to her parents house and stated to change her she told that she will change.But very next day their father and brother came and insulted my mother and me and threatned to kill me and perform the second marriage of their daughter.(the same incidence written as complaint as NCR to ps).And she is trying to come again and live with me but iam not willing to live with her at anycost now.

Now due to one greedy lawyer I came on his word and filled RCR even though i need divorce,but after coming on LCI and your arcticle i come to know that it was big mistake.Then i informed him ti file divorce by withdrawing it but he refused and and filed one amnedment pettiton to convert this RCR into divorce.

Sir my question is now what to do as it's date is in coming 7aug 2013.Plz help me out as what to do to get her rid out her from life.As my whole family is annoyed from her and their no scope of happiness in this marraige.

Waiting for your esteemed reply.

Thanks & regards

Buddy,

It is your case, on next date go to the court and withdraw the said case. Divorce case anyways is not maintainable as there has not been ONE YEAR of marriage.

As the time lag is too small. Please be patient. It is not important that you should run to court.

Regards,

Hi Shonee Sir,

My name is Mayukh Chatterjee and I am resident of Kolkata, I would like to ask you few questions like last year I married my girl friend in a temple where my friends were present at the time of marriage and my friends took pictures of every thing, we got married in a temple because she had to leave her house as her parents were not agreed to give their daughters hand in marriage with me. Once we were married she started living with me at my parents house but a week later her parents came to my house and convinced my parents that we should allow them to take their daughter with them so that they would arrange for a social marriage within 3 months, but she stayed with me for a period of more than a month and went back to her parents with a promise that she will marry me socially. She maintained the relation with me for a period of seven months were she used to come to my house on a regular basis and our social marriage date was being delayed by her parents and her parents were always trying to convince her that she shouldn't get married to me. Now 3 months ago we had a fight after which she is saying that she no longer wants to marry me or stay with me, where she will be marrying somebody else as per her parents choice. Please suggest if I file a RCR then how much will it be viable or I will be able to get her back in the relation with me. Please suggest.

Mayukh,

Unfortunately, I don't think that RCR would bring her back. She may resort with multiple cases. Better try to resolve the issues amicably. 

However, she can not remarry without seeking divroce/ annulment.

Regards,

Hi Sir,

If a girl files RCR and the husband is missing / fled abroad and parents have given a statement in WPS that they are not aware of their son. WPS asked to give a missing report but they dint becoz they know the whereabouts of their son and wantedly denied infront of police to escape the issue.

Now what options will the girl exercise against us: 498a ? or RCR ? she is not staying with us for the last 1.6 years can she file a missing report against my brother ( her husband) . Becoz the police has not accepted her missing report FIR so she called my father to WPS and asked him to give FIR which we dint.

My lawyer is saying that she can approach court and directly file FIR in court and ask the police to trace my brother. Because she is very clear that she doesnt want to go for criminal cases. Can we contest RCR here if she files in my brothers absense?

RCR won't proceed unless your brother has been served. The moment you start contesting the case, you have admitted that you know his whereabouts.

Regards,

Hi Shonee Sir,

I am not happy with my husband's erratic and irresponsible behavior and ever since our marriage I have gone through lot of mental torture even from my in laws.
Our marriage didn't last for even 4 months and then I had to take the decision of coming back to my own home along with my goods and stay with my parents. 
This guy (husband) filed a RCR in his home city and then when this notice was sent to me, I avoided this by not being at home and showing that I have not received this. 
Then I filed a divorce case in my own city and this notice has been sent to him and he has received it.

I have few questions to ask because at any cost I don't wish to even travel and go to his city and I want divorce as soon as possible.

1. There are chances that he may resend RCR petition notice again and hence I want to avoid receiving it and not accepting it. So if I am not at home and this notice comes back again then what could be the consequences??

2. How many such times I can keep doing this. The reason being I want him to come to my city and fight for it and I don't want to travel so far to his residing city neither I have money to get it transferred through high court.

3. Secondly if I receive it then if I don't turn up in the court in his city then what could be the consequences and how many times I can do this??

4. What even after he receiving the notice he doesn't turn up in the court of my city?? how many times this can be done.Again consequences?

5. The current situation is he has filed the RCR petition well before I filed the divorce petition but I never received the court notice... but after i filed divorce petition he has received it. So if he keeps re-sending this notice again and again and I keep avoiding it then how long and where will the matter move in line and what could it lead to the worst case?

6. Suppose he turns up into my city and then what happens to the RCR which he has filed in his city?

7. after how many times if the other party doesnt turn up in court then the court passes the verdict by expat.

Awaiting your reply.

Regards,

Shweta

Please find my inline answers in bold

1. There are chances that he may resend RCR petition notice again and hence I want to avoid receiving it and not accepting it. So if I am not at home and this notice comes back again then what could be the consequences??

Unless the respondent is served, the case won't proceed. He may get an order for pasting of the summons at your door, or may try to serve you Dasti i.e. by hand.

2. How many such times I can keep doing this. The reason being I want him to come to my city and fight for it and I don't want to travel so far to his residing city neither I have money to get it transferred through high court.

I don't think that it does take much amount to approach HC, being a lady you can avail free legal aid.

3. Secondly if I receive it then if I don't turn up in the court in his city then what could be the consequences and how many times I can do this??

The matter would be proceeded ex-parte. The court can proceed ex-parte even on first default of appearance.

4. What even after he receiving the notice he doesn't turn up in the court of my city?? how many times this can be done.Again consequences?

Read answer for your previous query

5. The current situation is he has filed the RCR petition well before I filed the divorce petition but I never received the court notice... but after i filed divorce petition he has received it. So if he keeps re-sending this notice again and again and I keep avoiding it then how long and where will the matter move in line and what could it lead to the worst case?

When both of you don't want to live with each other, why not sit across and agree for mutual consent divorce? Decide alimony etc and live life happily without each other.

6. Suppose he turns up into my city and then what happens to the RCR which he has filed in his city?

Both cases would run on its own merits

7. after how many times if the other party doesnt turn up in court then the court passes the verdict by expat.

It can be proceeded ex-parte on very first date. Verdict is a diffirent matter, and even in ex-parte proceeding there is no guarantee that you would get favorable verdict.

Regards,