MyNation Foundation Forum » Advice » 498A

RCR case filed

(9 posts)
  1. Anil
    Member

    My wife has filled RCR against me. I have been asking to come back and even gone to her parents home to bring her back but she put a condition before me that i have to stay for whole day and whole night at her parental home. I had gone delhi to her parental home after discussing every thing about time of train arrival and departure. But she put a condition before me and i felt being cheated by her and left her home and asked her to come with me but she refused.
    before one day of karvachaut my mother and father called up her mother and requested to send her back but she refused.
    Before diwali we had booked ticket to bring her back and on asking them that we are coming to bring her back so give us confirmation that u will send her with us but they refuse to give us confirmation. So due to ill health of my mother we cancel our ticket to delhi. After few days she send summon from court for RCR. I called up and tried to clam her down but she was shouting on me and blamed that as i have received notice from court i have called her upon. I have been summoned on 16th December 2011. So pls guide what to do as i want to bring my wife back. What are procedure of RCR. Is it like arbitration act.
    Regards

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    her RCR will not force you to go to her home, but she is allowed to stay with you in her matrimonial home.
    now situation is reached RCR, may be she is planning somehting BIG to trap you.
    so take up a small rented house and ask her to come there, so you can avoid any future accusation against your parents/relatives.
    read http://mynation.net/divorcebill2000.htm
    http://mynation.net/divorce.htm
    more laws on http://mynation.net/laws/

    Posted 5 years ago #
  3. Anil
    Member

    Dear Sir

    I have msged her to come back and asked her to start a new life with a new start by leaving all past issue. But she didnt replied.

    2. IS RCR procedue involve providing consulting by family court/district civil court or it like a usage case hearing in front of magistrate.
    3. After shifting to a rented premises, is it prossible that she cant involve my family members in any further case under IPC and HMA.

    Today i m going to court to bring copy of case file by her to know exactly her complaint to magistrate.

    Posted 5 years ago #
  4. Anil
    Member

    My Marriage was in ahmedabad. So jurdistion will be ahmedabad or delhi(her parental home).

    Posted 5 years ago #
  5. Dr.Dsouza
    Member

    RCR is like you are not asking her to come back directly but through court, as she married to, and she has no right to keep you away from marital life.
    she can file case even she is her parents house, only think you can avoid accuping your real home.
    she has to file complaint where her harassment started or where she stayed with you, if she file in other places, under jurisdiction you can move it to right place.

    Posted 5 years ago #
  6. Adv.Kachave
    Moderator

    It will be better to settle with her , if she is willing to stay with you. If not ready mutually approach for divorce.
    http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 5 years ago #
  7. Anil
    Member

    I had appeared to court and she also apperead before court. Court has given next date of hearing on 18th january 2012. We had tried to settled case out of court and move ahead. She started blamming me for all and sayiing you didnt came to bring me back even though she knows that we had done many attempt to bring her back.

    Finally my lawyer did counselling with both of us along with her relative and told us to go for a lunch together and to take final decision. Even in restaurant she was violent and blamming my mother and family members without any cause and was asking me to leavemy parental home and get seperated in rental home. I refused her. She want me to leave my parental city and to locate to other city but i refused and she was clam. I had gone to her home as per her wish and had taken snacks and came back.

    Yesterday night she called me up to talk and we had a talk for 2 hours but finally she told that i have to leave ahmedabad and should start searching job out of ahmedabad with good efforts. I refused her saying that i cant leave my parental home and i promise you that i will fulfill my duty towards parents and wife as required but she cut my phone call and now she is not answering my call.
    I have not yet replied to her complian filled for RCR u/s9. So pls guide what should be my action now

    1. Shall i request court for anticipatory bail as she has already put alligation against me and family member for domestic violenece and dowry and i m having fear that she will file criminal case against me.
    2. Shall i submit my reply to CIVIL court in reply to her complain along with wrong alligation
    3. Marriage was happened in Ahmedabad. So what should i do to enforce jurdiction to be Ahmedabad.

    Regards
    Anil

    Posted 5 years ago #
  8. Anil
    Member

    I had appeared to court and she also apperead before court. Court has given next date of hearing on 18th january 2012. We had tried to settled case out of court and move ahead. She started blamming me for all and sayiing you didnt came to bring me back even though she knows that we had done many attempt to bring her back.

    Finally my lawyer did counselling with both of us along with her relative and told us to go for a lunch together and to take final decision. Even in restaurant she was violent and blamming my mother and family members without any cause and was asking me to leavemy parental home and get seperated in rental home. I refused her. She want me to leave my parental city and to locate to other city but i refused and she was clam. I had gone to her home as per her wish and had taken snacks and came back.

    Yesterday night she called me up to talk and we had a talk for 2 hours but finally she told that i have to leave ahmedabad and should start searching job out of ahmedabad with good efforts. I refused her saying that i cant leave my parental home and i promise you that i will fulfill my duty towards parents and wife as required but she cut my phone call and now she is not answering my call.
    I have not yet replied to her complian filled for RCR u/s9. So pls guide what should be my action now

    1. Shall i request court for anticipatory bail as she has already put alligation against me and family member for domestic violenece and dowry and i m having fear that she will file criminal case against me.
    2. Shall i submit my reply to CIVIL court in reply to her complain along with wrong alligation
    3. Marriage was happened in Ahmedabad. So what should i do to enforce jurdiction to be Ahmedabad.

    Regards
    Anil

    Posted 5 years ago #
  9. Dr.Dsouza
    Member

    do not put your parents in trouble.
    do as she says, if she says she may use other men biased tools to get even.
    tell her you are ready to leave your parents, but she has to give in writting that she never stayed with them.
    if you bring her back to parents home she may file 498a/dv and your parents will be in trouble.
    do not relocate afr away you can take care of your parents by staying little far away too. as by staying with them you dont wash or clean their cloths,
    so act clever.
    get rental home, keep her there
    tell her she has to give half rent, as there is judgment that asking such support is not dowry nor harassment.

    Posted 5 years ago #

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