MyNation Foundation Forum » Advice » Divorce

R C R Stange situation what should I do ?

(11 posts)
  • Started 8 years ago by fight2finish
  • Latest reply from Adv.Kachave
  1. fight2finish
    Member

    My wife deserted when we returned back to my hometown and left for her parents home. From there she used to write offers to other N R I men that she is lonely , I am cruel and tried her luck. There was some sort of affair , that did not work out. Now she wants to come back and I am not interested in keeping her. Even while we stayed there were excerpts of her cruelty+disloyalty on me. Some of these are recorded.
    Now I asked her parents to come and talk about mutual consent divorce. I know the game they played and whatever emtional drama , they do , its all over. They gave false assurance and did nothing at all.So I sent the lawyers notice ( so they will come on talking table ) but instead they file R C R on me .
    Respected sir - I have some specific Questions ?
    -- My parents seem to think that given the red tape with law , I will tire myself , if I file case. I told them , I will legally cut myself off from them so that they are not dragged. But I wonder- what is the importance of Recorded evidence ( taped ) where
    <> She confesses to something.
    <> She refuses to come back .
    etc.
    Is this considered SOLID evidence , at any stage of legal process ? if not in Fam court then higher court ?

    -- Her lawyer seeks special permission to send summons using her name .. Is this permissible by law ? I thought R C R Summons have to be Sent my her Court via Regd. Post or bailiff .....Is it legal to use pvt channels to send R C R .
    my brother signed that package my mistake but we did NOT break the seal and sent it back but on court hearing date they did NOT say that the summons was returned back.
    -what can I do to convey to her court that those summons were returned back and I have not been served properly ? Can I ask my parents to write letter to her court saying that so and so envelope arrived at our home in my name. It was signed in error and we returned it back to the sender and that Mr XYZ ( myself ) does not live here . He has cut off ties . You can find him wherever u want.

    --Finally is it not true that Summons HAVE to be signed by the defendant and unless the defendant appoints a POA no one else can sign them ..and I did not appt. anyone as my POA . So how can it be valid ?
    - If I DONT DO anything at all on this R C R what is the final result ? what is the worst case scene..will my name appear as criminal in PO or DV act chance ....
    - what is the best strategy here ..should I file divorce, return back to india and fight .? should I challenge the r c r ( though my adv. says that u will loose that R C R as court will ask u to take her back )
    Please give me so direction
    many thanks
    prakash

    Posted 8 years ago #
  2. ADMIN
    Key Master

    Voice Recording and Emails are valid evidence, but its upto Judge and how you present it. it will be supporting evidence, and judgement will not be based on that evidence only.

    Lawyer can represent her to send Notice, on her behalf. but RCR notice comes from Court Registrar, not from Lawyer. your notice may be Lawyer Notice.

    From your side no need to write letter or argue on notice served or not, your lawyer can just ask Acknowledge of Notice served to you. They have to shwo the Proof. Court can serv notice, if you are not found they can give in New paper too if Court Agree, that make you are absconding and deserting her.

    If you can prove that she left you, wihtout valid reason and if you have proof that she flirting and said she do not want to come back then you can go for divorce.before she file any 498A or DVA, which make all those women supporting gender biased cases less effective.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 8 years ago #
  3. fight2finish
    Member

    Many thanks. 1st hearing date just went past. Lawyers notice went to my lawyer directly. We got a regd post parcel. We did not break the seal and returned it back to her advocate , since the return address was that of the advocate.
    Then on hearing date we sent another advocate in her hometown court to find out what is happening. He gave feedback that , opp sides lawyer- she sought special permission to send summons to me directly rather than the court. I wonder..is that poss ? We never got anything from the court at all ....
    498a and DV would ruin her chances of getting back with me. After trying all other 'hubby shops' she found that after all she is not the charming 'apsara' that could lure men into being fooled around...so now she's coming back to me ...becos I am the reserve bank gurantee for her .
    They want to force re union at their convenience, after shopping around and its not acceptable to me.
    Thanks
    P

    Posted 8 years ago #
  4. ADMIN
    Key Master

    Lawyer notice is not valid; it should come from court;
    and if they serv it to Lawyer, its not valid, he can deny to receive it, even he is represent you. it should be served to you.
    Lawyer is to Plead and defend your case only.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 8 years ago #
  5. shonee.k

    With due apologies to Key Master.

    The notice can be served to lawyer, only by taking the leave of the court.

    But the lawyer should be engaged by you in any other running case only then he is liable to recieve the notice on your behalf..

    Posted 8 years ago #
  6. ADMIN
    Key Master

    It is from my own experience;
    when we asked to serv notice to her lawyer, Her lawyer came to court and said She is not aware where her client is. just to drag the case.
    when ist mmatter of women our judges also do not do anything than calling her lawyer, and lawyer will not respond.
    Judge react immedietly only if its matter of men.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 8 years ago #
  7. fight2finish
    Member

    Thanks many again.
    My lawyer sent notice to her home on my behest. In retrospect , it was not worth it . I thought it will bring opp side to talking table.Her father said, they will call some meeting with us but never happened. so in response to my notice she hired a typical feminist lawyer who 'denied everything' and further alleged that I promised her that we would live abroad after marriage but brought her back ( as if to say that going abroad was her birthright ) and then on returning back I 'kicked her out' of my house and then I 'refuse to take her back'.This notice was sent not to us but to my lawyer . Because they know in past that we did not accept any regd post coming in my name.
    In the same notice it was mentioned that R C R # xxxx is filed against you in the so and so court of Judge xyz. and notice is sent to you by regd post.
    One regd post came to our home but sender was her lawyer not court .It was accepted by mistake . We kept a zerox of the front face, which showed address of her advocate .
    We then returned it back to that advocate .
    On hearing date we found out that her lawyer was given special permission to give summons on behalf of the court.
    This is what intrigues me.
    I have to sign summons and summons should come from court not advocate. I want to convey this directly to court without revealing my address . I wonder , is there point in challenging her R C R , then I can hire another lawyer in her hometown. My town lawyer said, they will pass R C R judgment in her favor.
    So have to filr divorce.
    We are trying parallel channel for talks, with them for mutual consent but it depends what they are after - money or the 'best available husband deal' for her.

    Posted 8 years ago #
  8. ADMIN
    Key Master

    Let it be xParte in RCR, do not waste time in challenging.
    change your lawyer and you can always defend, you never got any notice.
    as you have her voice recording and other proofs ,saying she will not come back and other things, you can fight and defend maintenance / Divorce case

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 8 years ago #
  9. atit.rajpara
    Member

    first thing is your RCR is not in strange situation at all, when RCR or divorce get filled in court, when one party is not aggreed on the same. if both the parties are ready for RCR / Divorce then why they need permission from court?? court will come in to picture when dispute is there. She will get ex-party RCR judgement in her favor but it's piece of paper only, court can't force you to live with her, after that she can file execution of RCR, I am not sure what can happen in execution of RCR decree. so protect all your assets and money and distroy her legal rights on you and your property.. that's all.

    Regarding summons, first thing what you have received is legal notice from her advocate, and that your borther had signed and you have not replied to that notice, that's why they filed RCR, and regarding summons i feel now a days advocates get summons ready from court and they will post it through Reg. post. because courts don't send summons soon, and filling party is in always hurry to get summons issued. on Cover letter of summons they write sender name as respective court..

    Atit
    Friends are like condoms... they protect you when things get hard...
    Posted 8 years ago #
  10. fight2finish
    Member

    Thanks
    Court's name is not there in 'to' . It is lawyers name and address. So that entire regd post went back to lawyer not court. Along with that my parents wrote cover letter "dont disturb us for mr xyz. He has cut off ties with us. Go find him where-ever you want.We accepted by mistake but have not opened it " .lawyer does not reveal to court on 1st hearing date that summons was returned.
    I want to convey this to the court. Should I ask them ( parents) to write to court directly ,so we have it on record , that summons were returned back to sender ( opp side advocate )

    Posted 8 years ago #
  11. Adv.Kachave
    Blocked

    Dear friend,
    I have gone throug your matter, when your wife has filed petition for RCR in the court you have to reply the said petition otherwise it will go against you, you have not mentioned where & when your marriage is solemnised? If you are not willing to continue your matrimonial relation , you can move before the court by filing divorce petition as per the groubds of law. You don't worry we will help you.
    Thanking you. Your wellwisher,
    Adv. Ramchandra N. Kachave
    http://www.jaihindlegal.com, My Nation, http://www.jaihindsena.com

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 8 years ago #

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