Wife filed rcr. i want divorce. pls help.

@ Sai.

Yes. Agreed.

Querist is unable to atend RCR. He will lose it.

Unless he goes and fight for the same.

Once he loses he can chose his battle ground which will be UP

Timing may differ

Seeking help on RCR Sec. 9 HMA case filed by wife.

[[Status -- RCR, 498A and DV are pending. Our case is strong on merits. Chargesheet is yet to be filed. Sec. 125 & HMA Sec. 24 maintenance dismissed because wife is working]]. 

Dear Sirs, thanks for the valuable replies.

@ whatnot sir, you have rightly sensed the feeling. Not only I had bad experience, it was like hell. After all the tortures for years, she came with her family members and relatives and they assaulted me and immediately lodged FIR against us with fake government hospital medical of wife. I went to Govt. hospital and they did not do my medical without Police complaint. Due to fear of arrest due to 498A I didn’t go to Police. And the story is continuing. And yes I want to choose U.P. as the battle ground.

And sirs as suggested I am going to identify better lawyer and I have requested relatives in Haryana for help in the same. But still the kind of inputs I am getting here are very good which I am sure one single offline Advocate may not be able to provide. Presently I am confused about how to go further in RCR case filed by wife and further confused due to it linkage with divorce case to be filed by me.

I have noted the following points:-

(i) If I file divorce in U.P. then I will have to mention to U.P. court about the RCR case in Haryana and that will delay the proceedings. She can go to SC for transfer of case to Haryana (inter-state transfer) because one case of HMA already running in Haryana.  

(ii) I should fight and try to get the RCR case dismissed, this will help in 498A and Divorce.

(iii) Sec. 23A of HMA I can file Counter Claim for Divorce - I can file counter claim before I file evidence / my date to file evidence gets closed as per Order 8 Rule 6A of CPC.

(iv) I should pay the litigation expenses

(awarded by Court in HMA – no reason given in order – despite of fact that wife is working).

Query 1 - Counter claim for Divorce – Sir the idea is great as it will save time and also save the cost of litigation. I have read today that counter claim is a separate suit. So whether the judge will pass two orders – one in main case and one in the counter claim? Can he dismiss both the cases – RCR and divorce? (by stating not enough evidence presented).

Query 2 – In RCR case filed by wife, at the time of my evidence – can I ask the court some exemption because criminal case of 498A is pending.

Query 3 - Sirs again my original query - some people say that Court can pass order in RCR allowing wife to stay with me because I have not yet filed for divorce? And that is why I should file for divorce immediately?? Is it so?

Query 4 - a general thing I have heard is that if I file for divorce (not as a counter claim) then RCR filed by wife will get closed automatically. Court having RCR case will close the case stating let the decision be arrived at in divorce case.

Query 5 – in an initial hearing of RCR case filed by wife, I was in Court and the judge asked me whether I want to stay with her? I said no. Then the judge asked the father of petitioner wife that whether he should finish this case because husband doesn’t want to stay with her? Her father said please pass decree. Then not agreeing with that request, the judge said something very slowly to her father which we could not understand. And then apprehensive of something in order, we said we will contest the case. Even today I think many a times what was that??

Thanks for the help.

RCR is a legal battle. The burden of proof exists with respondent to establish RCR to be denied. If you have meticulous proof of incidents that has caused a rift in marital relationship, you need to produce. RCR is also is more technicality. It is always he-said-she-said and context plays an important role. So your reply for her petition will play major role. You may want to draft the same. Lawyer work is usually to attend the dates withour failure and keep submitting for denial.

You may have to read what she has said in her petition. Go through it and refute with proper proof. Also state all other legal terror that the relationship has bought. You may chose to attend atleast few of first dates and then play depending on how things moves forward.

498A and DV are supportive to your claim of creulty . But you somehow have to find to close the case or let them stop attending..

In the scenario you have stated, best option would be go and file divorce case in response to RCR in the same court.  I think there was precedent about RCR losing its shine if Divorce is won.

You have maintainance in your favour. A pratical releif as money saved is money earned. Now spend that money to be in Haryana and fight the case there.

Or alternatively, with all case proof, apply a divorce case in your state and let them come to you.. Send your case history to a lawyer in Haryana and let him file as your response. Let the court decide who has precedent over whom.. It get wrangled in legality and neither they will get RCR nor you will get Divorce (unless they become exparte and court justifies granting a divorce)

Take a break.. Sit in remote area and work out pros and cons yourself. You will find a path. Stick to it. Whatever happens you always have higher court to represent your case.

No arrest, No maintainance, No concrete proof of voilence. You are laready scot free.. It is burden that you need to off load.

Who cares about conspiracy. Let nothing distract if you are fighting on merits.

Don't complicate unncessarily.

There is no right or wrong way to do things. Only the results are labelled as good and bad.

thankyou sir @whatnot

Not only your reply gives me guidance but also lot of support and strength. For me it is like advice from an elder brother. 

As per your advice I have read the petition and will make notes and sit with the lawyer in preparing the reply. And also work on other guidance. 

Thanks