Wife filed rcr. i want divorce. pls help.

Ask your lawyer to prepare a Divorce petition with your version and file it as counter-claim to her RCR, duly quoting S23A provision of Hindu Marriage ACt. You must file it before your time for evidence starts, after that you can not file it according to Order 8 Rule 6A of cpc. Once you file Divorce as counterclaim, the judge after the enquiry will issue either what the petitioner claimed or respondent claimed based on facts and circumstances.

Generally lawyers are not aware of this special provision S23A of HMA made in 1976 and insist you to file a separate case which is not required and so you must insist upon it to make your things work out.

Thank you sirs for the guidance. 

Counter claim 23A of HMA:-

(i) She has filed RCR in Haryana and I want to file Divorce in Uttar Pradesh. If I file counter claim then I will have to file in Haryana. Her family has influence in Haryana. {{In 498A FIR there is no incident of Haryana as we lived in Uttar Pradesh after marriage and still 498A is also continuing in Haryana}}.

(ii) I just read Order 8 Rule 6A of CPC on internet, I understand that I can file counter claim before I file evidence / my date to file evidence gets closed.

RCR Sec. 9 HMA:-

(iii) Court has awarded her litigation expenses also (while maintenance was dismissed becuase she is earning sufficiently) and made a precondition for me to pay these expenses for me to prosecute RCR case. That is not clear to me.

I feel that decision in RCR will be helpful in 498A case and may be in divorce case also. Or atleast the evidence filed by her in 498A can be help for me lateron. I don't know whether I am right.

Sir, (a) whether I should wait for her evidence in RCR?, (b) should I file divorce in U.P. and not file counter claim in Haryana?

Kindly also help on (c) Some people say that Court can pass order in RCR allowing wife to stay with me due to the reason that I have not filed divorce?

I believe on merits my case is very strong as I have evidences against her lies.

You can not file in any other court. Whatever you want to file that must be in same court where current case is goin on. So forget about U.P.

The 498A is also a cruelty but the case should be proved to be false. So the utility of 498A helps to either you or her in HMA only after the conclusion of 498A itself, before that it helps only in corroborating the pleading and nothing more than that.

Order 8 Rule 6A allows to file upto your evidence but generally we file along with our counter (reply) to main petition.

Pay the litigation expenses else it will back fire you i mean you can't further contest the case and the RCR will be issued very soon on ex-parte. If you have no objection to RCR, then don't contest at all and let it ex-parte so that you need not pay those legal expenses of her and you too :-)

Dear Sirs

Why can not file I case in any other court? Our matrimonial home was always in Uttar Pradesh. She has gone to Haryana and filed RCR there. Why can't I file divorce in Uttar Pradesh? 

If RCR is issued ex-parte then what are the consequences? I have read somewhere that RCR decree is not enforceable. 

PEOPLE GIVE OPINION AFTER WHAT EVER THEY HAVE READ. EVEN ALL THE ADVOCATES ARE NOT UP TO DATE WITH RECENT DECISONS.

SO DO NOT REMAIN CARELESS FOR DV ACT CASES, IT IS UN GUIDED MISILE AND CAPABLE OF LIFE LONG DAMAGE.

YOU CAN TAKE THE BENEFIT IF RCR CASE TO GET RID OF 498 A AND DV CASES. DO NOT MAKE MISTAKE I\OF FILING DIVORCE TILL THESE CASES ARE PENDING.

GET AN EXPERT ADVOCATE. IT  WILL BE WORTH EXPANSES.THANK TAKING A LIFE LONG LIABILITY.

Respected Sirs

I request that if I am given a more specific reply then I shall be very grateful. 

My query that whether I should file divorce or not remains unclear. How can I use the RCR filed by wife to get rid of 498A and DV cases?

Some people say that Court can pass order in RCR ordering wife to stay with me .....because of the reason that I have not filed divorce? Is this correct?

At the same time some people told me that RCR decree is not enforceable. 

And sirs finding a good advocate is extremely extremely difficult. I met number of advocates and they say they regularaly appear in such matters. I do not want to look foolish by asking them their expertise level. That is why after so many months I am posting my queries here. Need help.

Your problems is similar to of many others  that  they can not judge the ability of advocate and so is  also  for advice on such free sites.

So also I can not claim what I suggest is right and also can not show what we are doing in order to protect interest of our clients.

Still pl understand the simple reasoning. If you file divorce than during its pendency she can again file CRPC 125 or DV act and get maintenance from you during and after divorce.It will be life long cancer and you may assume but can not find a life partner again with this tag.

My freind advocates who get success and contribute in various websites have given simple methods to collect evidence to come out of such problems. Pl search you will find.

Why RCR is good for you. Let her win. After that can ask for methods to collect proper evidence so that you can come out of life long problems. As on today you can just accuse but you do not have hard evidence to prove in court.

This may actually play into your hand.

Go through her prayers of RCR and make sure doesn't include any other demands than Restitution of conjugal. If so, relax . Let her win on exparte.

Meantime, shift to a rental place where you're with basic aminities.

Once she wins RCR, invite her to your place and to comply with court orders.

She will refuse.

FIle a cotempt case on her in the court of your choice (as your resdience allows you to file in UP)

And attache same to squash the others . Say by winning RCR she condoned all other activites.

Once she refused.. File divorce case based on same..Or wait for one year..You will get divorce...

Live freely

WE HAVE A  SIMPLE ADVICE.

IF YOU HAVE AT LEAST ONE WEEKS TIME JOIN US FOR A TRIP  NEPAL.

GET A HOUSE MANAGER FROM THERE. MAKE A LEGAL AGREEMENT TO MANGE YOUR HOUSE ON SALARY. AND CARRY ON WITH CASES.

Thank you for your valuable guidance.

@ whatnot, @ Advocate Trilok, Sirs thank you for your valuable guidance.I think that this will be very risky to let her win the RCR as I fear that she will come back if she gets RCR in her favour and will launch further false cases after coming. I feel they are of criminal mind set.

@ Martin Sujay thankyou for valuable guidance and telephonic support. @ A walk alone thank you for your valuable guidance. 

Sirs if I file divorce now ((RCR, 498A and DV are pending)) what are the implications? ((our case is strong on merits in 498A and DV)) (chargesheet is yet to be filed). (125 & HMA Sec. 24 maintenance dismissed because wife is working). 

If I file divorce (in U.P.) , whether the Family Court (in Haryana) will dismiss / finish the RCR case merely because I have filed for Divorce? ((In such a scenario I will not get final outcome of RCR)).

Hare bhai,

Your wife is working and you already won Crpc 125 and S24 as she was working and so there is less chance for her to win alimony even if the divorce is granted that's why she filed RCR instead of Divorce.

Once a matrimonial case is running in one court you can't file another same type of case in another court. You can file but it's of no use because you have to quote the the current ongoing case in new case there by the new court came to know about it and asks you to ge to the court in where already one case is going on. Even if the judge overlooks, your wife has every right to ask the transfer in HC or she can plead in her reply that already one case (RCR) is running in one court so please dismiss the newly filed case or transfer it to her place.

So please do what I advised to you in my previous post, don't waste your time any more and file your divorce as counter claim in RCR immediately.

Rest as you wish.

One more point for our knwoledge is that the petitioner of RCR only can file divorce after the said period of 1 year after winning it on refusal of co-habitation by respondent and not vice-versa , I mean the respondent of RCR has no such right to claim divorce on refusal of co-habitation by petitioner.

RCR usually disposed of in at the earliest.

You will have fight . So how will you fight?

POA is one option . Appoint a competent lawyer and let him sort it out.

Once bitten. Twice shy. You have had bad expereince with your partner and you are under duress, which is understandble.

You case needs offline counsel.

You seems to be in right direction. But closure is what you're not getting.

In that case, Wait for RCR go in her favour. and then go for divorce. on ground of cruelty.

Desertion will be ruled out.

She will request for transfer of case to her town.

Once RCR or divorce has been issued by a matrimonial court, no other court or even same court will entertain such type of petition unless the previous decree is set-aside.