• Best suggestion for false allegations levelled by wife --- RCR or Divorce ?

We got married in Jul, 2017 My age (31) wife (30) an arranged marriage We are from Mumbai but I'm working in Chennai from last 5 years
I know she's bit immature & can't take ANY decisions on her own & very introvert
She's always depended on her mother for any small decisions. After marriage we moved to Chennai &started having small misunderstandings 
She's become more dominating & tried to do whatever her mother says Her mother dominates her entire family nobody dares to speak against her not even father
So she wanted her daughter(my wife) to do the same & make me dance to her tunes but I'm completely against her wishes which annoyed her & her mother
As this continued 4 certain time she decided 2 go back 2 her Maternal home & she closed all communications (almost 6 months now) with me after she reached there

My family arranged couple of meetings with her family & few well wishers from both sides to sort out these issues everybody understood that her mother is the real culprit behind all her wrong behaviour
As my Wife is refusing to come so I sent a notice through my lawyer (NOT court) to come back & stay wid me.
In reply to my letter she sent a notice through her lawyer (NOT court) quoted with baseless allegations like dowry & sexual harassment & we forcefully thrown her (all are baseless)
I didn't respond to her notice yet

1) Sending (RCR) Restitution of Conjugal Rights (Through Court) is the best option or filing Divorce ? If I file RCR, Can she file Domestic Violence meanwhile without any concrete proof ?
2) Will her lawyer charge any money to come to court after I file RCR ? what exact charges ? (Approx charges?)
3) While RCR is going on can she ask for interim maintenance
4) If she denies to comeback after court counselling through RCR what are the next steps? Any Grace period given to her? & when can I file for divorce
5) If she comes back can I get an approval from court to install CCTV @ my home in Hall (to avoid future problems)
6) After filing Divorce after how long she can ask for interim maintenance?
7) If I file for Divorce and after counselling if she asks for reconciliation and she repeats same things again can I file for Divorce again
8) If she refuses for Divorce petition can I take petition back and can court order her to come back and stay with me, if yes after what time duration she's supposed to come
9) when can I file for divorce I mean after what time period if she doesn't want to comeback after RCR? 

- The reason I'm thinking of RCR is I don't want to pay interim maintenance 

Her family is very cunning want 2 ensure my moves are accurate 
We are not in talking terms since Nov 2017 & as far as I know she doesn't want to come back but if I initiate & file for divorce she may play smart
Thanking you in advance 

Rgds
Nani
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

1.) First you have to decide now whether you want to stay with her or not. If yes, then opt for a RCR and then she fails to comply with the decree then on the basis of that you can file contested divorce petition.

2.) She may ask for litigation and transport expenses for her.

3.) Yes she can ask for interim maintenance by filing seperate petition.

4.) After getting the decree you need to wait for 1 year in which she may come to you or not. After that you can file divorce.

5.) You may pray before the court, but this do not come under the court jurisdiction it may have privacy issues etc.

6.) Till the time she get remarry.

7.) If you file divorce then it is the court;s procedure to send the matter for reconciliation. You do not need to file the petition again.

8.) You can take your petition back at any stage of the case.

9.) After completion of 1 year.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1. Yes she can file domestic violence case on you pending RCR or Divorce. I you do not want to stay with her then you should file for divorce or in case you want to give a try to your marriage then RCR is better option.

2. Yes he will charge depending upon the lawyer. He can charge 30 to 50 thousand or more.

3. Yes she can ask interim maintenance going RCR also.

4. If RCR decree is passed if within 1 year she does not turn up this is desertion and divorce can be filed.

5. This is out of preview of court this can effect her privacy and she can challange same.

6. Interim maintenance till disposal of case of divorce after that if divorced permanent maintenance can be granted.

7. Yes.

8. Court can ask her to come back but cannot force her to stay with you in can you withdraw petition .

9. 1 year.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty

2) RCR is useless. Even if you get decree you cannot force your wife to stay with you

3) wife can file DV case without any proof

4) wife can seek interim maintenance in RCR case

5) if wife refuses to come back you can withdraw RCR and file for divorce

6) you are at liberty to install CCTV cameras in house

7)you can withdraw your divorce petition if wife agrees to return to her matrimonial home

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

you should file divorce petition if u ll file RCR in reply she would deny to join your company and will level false allegations with explanation that she dnt wanna join ur company because you are treating her with cruelty

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

1. I wouldn't suggest you to file RCR as it is you who is asking your wife to come back, and she is refusing to come back. She can easily claim that this is due to dowry cruelty by you and your family –and indeed, this is what is invariably done by such wives. She can file DV case against you, during the Pendency of RCR. An RCR petition does not protect you from 498a or DV in any way whatsoever.

2. court may award her duet money to appear on court hearing as she has no, source of income and it can vary.

3.Yes.

4.There is another provision in the HMA that once one party succeeds in getting a positive decree as a result of his/her RCR petition, the parties have to resume cohabitation within a period of one year, failing which, either party can file for a divorce decree.

5.You don't have to ask to court's permission to install cameras. You can make a plea later that ut was done to prevent theft, which happens often in your locality.

6.Until she remarries.

7. Yes.

8. Further, you have to fight your RCR until the highest court, and then you have to fight again from the lowest to the highest court to get the decree enforced. Even at the end of that, it is not enforceable at all, that's why i advised you against it

9.youll have to withdraw RCR petition, then you can file for divorce.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1) For above all questions is best solutions is RCR, so you can save your life in the future.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

hello,

first of all, RCR is not a precursor to divorce proceedings. it is a process to reconcile the parties wherein one party has withdrawn from the society of the other and the courts try to bring one to the other and if they cant live with each other, then other proceedings may be initiated at the behest of either of the parties.

your wife has alleged dowry and sexual harassment so she will most probably file a 498A case along with DV Act proceedings as this has become a trend with wives who want to have their way irrespective of the actual facts and circumstances of the case.

charges depend upon the case, lawyer, and many other factors and mind you, you will foot the bill for all the false allegations your wife states against you!! unless of course, she earns pretty much to support herself.

it does not matter what you want as long as your wife has her way. the law favors the wife and hence you have to tread very carefully in this case. try to keep you parents relatives out of any fighting otherwise, she will drag them into this, engage a good lawyer and be vigilant. if you have any doubts about her returning, then ask for a divorce, because most of the times, wives tend to make big any small incident and file false FIRs. the best way is to make her understand her that fighting is to nobody's benefit and try to talk to her parents and relatives.

interim maintenance can be asked if she states that she cannot live with you due to DV or harassment. the courts will grant the same.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1. If you have decided to divorce her then why do you file RCR instead you can directly file divorce case, even otherwise you cannot stop her from filing DV case.

2.No.

3. Yes.

4. You have to wait for one year to file divorce petition after RCR obtained in your favor.

5. Permission not necessary.

6. Till the disposal of the divorce case.

7. It is based on the circumstances.

8. No.

9. After one year.

You may have to pay interim maintenance even if you file RCR hence don't be under any misguidance.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Dear Concern,

Let's discuss first thing first -

A. Can you file a divorce case in against your wife?

Answer - As per the Hindu law, no person can file a case of divorce before their marriage has completed a year. Your marriage was solemnized in July 2017 so to move for the divorce you have to wait till July 2018.

B. What are the possibilities of interim maintenance?

Answer - The way family court works this case is bound to come up against you. There are only three ways to avoid this case -

(i) In case you prove that your wife is engaged with someone else as well ie she is having an extra-marital affairs,

(ii) In case you prove that your wife has sufficient means to live on her own or she is so qualified that by the way of common prudence of law she should not be given maintenance at all, or

(iii) In case you prove that you have a lot of liabilities on yourself and you have very counted means to survive. In this the quantum of maintenance may be decided very low possibly in between 1 thousand to 5 thousand per month but it is not going to become zero as it would become in above two cases.

C. Will RCR will be helpful to you?

Answer - I don't think so. A girl who can't determine good and bad on her own is a disaster. She will be always dependent on her mother and will never be helpful to you in your entire life. A marriage is just not a relationship its a promise to lead a life together no matter what. If her thinking remains influenced with her mother she will be never be helpful to you and your family in your difficult days. She won't be contributing to your life on any occasion except being your legally wedded wife and in future mother of your children.

D. Are you responsible to pay fees to her lawyer if you go for Divorce?

Answer - No. But as per the law you will have to pay her litigation expense as it is you who is asking for divorce and not her. The litigation expense is to be fixed by the Court. You need to argue on this point making it as low as it is possible.

E. How are you supposed to go forward with your life?

Answer - You should come before the court for divorce after the completion of a year in July and shall collect all possible evidences to prove your wife to be wrong. You do not need permission from the court to have CCTV cameras in your home. Its your home you can do whatever you want.

Crucial evidences would be -

(i) All call records which proves your wife to be reluctant to come back.

(ii) All proof which proves that your wife is cruel to you and is heavily influenced by her mother who is equally cruel and the root cause of all the problem.

(iii) All proof which establishes the fact that you have tried to reconcile with your wife but that has gone in vain.

(iv) All proof which establishes the fact that you own nothing of your wife and that all her jewelry, articles etc is with her and not with you.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

After filing of restitution also she can file divorce and maintenance from you. You can't get away from maintenance if she is dependent on you. She can also file domestic voilence and it is not related to your case filing at all. It is better you go for mutual Divorce and settle the same.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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