It appears that ur wife does not want to keep relation. You may file divorce under the grounds of cruelty.
RCR and divorce on cruelty
Hi All, I got engaged in May 15 and post that things never went in favour as my fiancee was never speaking to me properly. Have complained abt this to her family and mine but since arranged marries everyone came to convince me that things will be fine after marriage. Just before 10 days of marriage I said I don't want to marry her and discussed the same with her father but he gave me a commitment that she will change and it's a promise. My family again agreed to it and we got married on Jan 16… post which things were fine during honeymoon period. But when we came back things started to go wrong, she was caught having sex chat with unknown people on Facebook by my mother and sister, when we took her to relatives place she stole earing and money, always complained wrong things about my mother so that we quarrel and she used enjoy it..from Jan 2016 to Jun 16 she stayed with me for barely 3 month. Post which she didn't come back, we with relatives met their parents and had a long discussion when they agreeded to send her back home. Finally after an year she came. She stayed for 3 day out of which 2 days we attended a function and 3rd day she ran away from home without informing this was during May 17. Later after a week when I spoke she said she is not having any supporters at home and can't stay here. Finally her father came with dozens of people stating she wants a Mutual concent divorce, and 25lac as alimony in the Aug 17, we said we can't. Then again after 3month they came stating they want to settle at mid night without prior intimation. They we went along with our relatives and during that meet they started saying I'm a drunkard, impotent, I sleep with the maid, in the 3month stay I never slept with her. Things didn't resolve we said plz to go court.They didn't stop their, they later went and filed a case in police station a NCR stating her father took a loan of 20 lac , has given 10gm gold and 4kg silver. Along the police people to settle this matter at the station for 25lac. When we received the notice we submitted a letter that the alligation are wrong. Hence we went and file RCR and also took a bail against the notice so that we are safe for 498a. For the first notice of RCR they didn't respond. Now this month end is second hearing and we feel that they might not turn up. What's the next steps ? I have audio records of our discussion post she left home , videos of our discussion involving relatives. Also in all record everyone has clearly agreeded we never took dowry not never harassed. Need you valuable inputs. Plz ignore my spelling and grammar mistakes if any.
Asked 7 years ago in Family Law
Religion: Hindu
25 Answers
1. It appears that FIR was registered and if that is so then taking of bail is the first step to save yourself.
2. So apply for anticipatory bail which is generally granted in 498A case.
3. Pursue with the RCR case and do not abandon the case.
If they do not turn up on next date.give an application for ex-parte order as order is already served to them. Court.can close.there right for reply.and can take your evidence and pass exparte order.
Further if FIR is 498a filed file a quashing petition before high court further the onus is on you to file proof of dowry .
Please Note FIR is not filed, they have filed a non coginisable report in the station and in the report they have asked us to pay back the money gold and other item they have given in addition to that 25lac a alimony. I have taken bail on the basis of police station issued notice and RCR petition. What are the ways I can save my self from paying maintenance and alimony,? Are there any changes of me applying for divorce under any ground
Asked 7 years ago
See based on report they cannot ask you to may money. And I hope you have not agreed of receipt of any such amount just return the stress han and gifts given in marriage. See now you applied for RCR let it's order come after that if wife faisle to abide by same then after year you can file divorce or alternative is withdraw RCR file divorce on ground of cruelty but for that substantial ground is needed.
The rcr application has been filed by you. The court shall ask the respondent why she has withdrawn from the society of the applicant. If she does not have a reasonable answer then it can be a ground of divorce as she has left you and has no intention of coming back. Also she has put forward false allegations against everyone in your family and hence if is futile to reconcile with her as far a i can understand.
Therefore file the divorce petition on grounds of cruelty desertion and incompatibility and cheating.
Regards
1) as on date there is no FIR filed against you of dowry harassment
2) as and when FIR is filed police woukd issue you notice to record your statement
3) you can then apply for AB
4) RCR is useless
5) it would take 5 years to be disposed of
6) even if you get decree you cannot force your wife to stay with you
You have not stated what is your income , wife income
2) no need to pay Rs 25 lakhs as alimony
3) you could have filed fir divorce on grounds of mental cruelty
4) wife abusing husband of having extra marital affair amounts to mental cruelty and is ground for divorce
5) wife calling husband impotent amounts to mental cruelty
1. If eventually the summons of RCR case is served on her but she does not come to the court then court will proceed ex parte against her.
2. Audio and Video recordings can be led in evidence in RCR case, in accordance with the procedure laid down under Information Technology Act, 2000.
3. To escape from being held liable to pay maintenance you have to prove that she is earning.
Dear Sir,
You are in safer zone having taken AB and having filed RCR. The next step would be get decree of RCR mostly it will be decided ex parte. Then file a divorce case against her for non co-operation for consummations and desertions and cruelty. Coupled with RCR decree you need not pay any alimony as she did not honored the RCR decree.
Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."
A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder.can be filed by you.
The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...
You have saved yourself quite well and there is nothing to worry much.
Now if your wife is unemployed then you are bound to provide her maintenance @ 25% of your income.
Your RCR or any other legal recourse is not enough to avoid paying her maintenance.
1) On adultery , cruelty and deserted ground you can file for divorce. Plus she is not entitled for alimony if you can prove in the court that she has extra marital affairs.
2) Don't go round and round in the police station ask police officer to file case against her and move forward in the court.
(i) Right to maintenance is governed by the personal law of the spouse, Section 125 Code of Criminal Procedure provides right to maintenance to the Wife.
(ii) you can file divorce on the grounds of Cruelty .
Dear Sir,
If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
If you have filed application for RCR then it is ok. Inspite of court order your wife refuses to stay with you, then you can file a divorce. It is a good ground for divorce. Then there is no need to pay maintenance or alimony to your wife
Do not apply for a divorce at this stage. You need to play safe, so that you do not end up paying a huge alimony to her, at any time there is a prospect of separation. Keep strongly contesting the RCR filed by you. In case they yet again fail to turn up before the Family Court, request the Court to proceed exparte. As regards the proofs you have which substantiate that no dowry was taken, use it at an appropriate time, at any point of time there is a Police investigation in this matter/
For now, keep keenly contesting the RCR case filed by you.
You need to have patience in court cases.
Basically, you should have filed some theft etc. on her at that time itself.
As of now just wait. Suppose she or her father calls you or your parents, go register a complaint saying they are threatening you and blackmailing. You might have to bribe the police and get an FIR on them.
Once you have that, you will have a leverage.
Then you can negotiate for not paying any alimony.
Have parpatie, they will call or come and negotiate.
BTW if her father has taken loan during the marriage, then that can be told that it was for marriage.
For your information, RCR can take anywhere like 1 or 2 years. If she doesn't come in RCR, then it will become a ground for divorce. Also, based on the 498A NCR, you can file for divorce.
Try filing a defamation case on her and her parents.
If you have filed RCR then wait until next hearing.
Did she receive the summons?
If yes, then the court may pass an exparte decree if she's not turning up to court.
If you obtained bail then you remain silent until you get notice from court to appear before it in this case.
Don't rush to take any legal steps in a hurry, it may adversely affect you.
If you want to file divorce case then you may have to withdraw the RCR case.
You file for divorce I don't think there is any future with this girl. Expose her sex chats and adultery things in court and court will not grant her ailmony. If she is qualified working and well to do no need to give her any ailmony
Thank you all for your valuable response. Post you inputs i attended the court on Jan 28 2019, and they had send a lawyer, who produced a affidavit to the court without form 13, hence the Judge told the lawyer to bring the respondent during the next hearing and asked to also bring form 13 if not then he shall give exparte. Today i received a notice from her place of stay court for maintenance for INR 15000. Can i know what documents should i need to produce to the court to show that she left home on herself ( with sms proof ), currently she is running a singing classes in a taluk place ( since having a proof of the same ) and might be earning around 2000 per month assuming. Also they have mentioned that i have taken 10 lac as dowry which i havent can produce all my IT return, bank statement. How to prove i didnt take any money, as i have one document which was signed by 5 people on each side stating the give and taken in the marriage. Looking forward for your valuable response.
Asked 7 years ago
you need to prove that wife is working and she is able to maintain yourself
2) burden of proof is upon to prove that you have taken Rs 10 lakhs as dowry
3) file detailed reply on next date of hearing
4) file application in court to wife to produce her income tax returns , her bank statements for last 3 years
5) rely upon messages exchanged with wife that she left house on her own accord
You should first read the notice carefully and see what type of case has she filed. If it's only maintenance or is it maintenance and divorce, etc.
Also, see if any date is mentioned.
Go on the date to the court at her place, and then receive the petition copy if you haven't already. Then say that you need sometime to hire a local Advocate. After that, based on the petition on the next date, you by your Advocate provide a written reply.
Understand that, more than proving that you have not taken, she has to prove that she has given.
See if they are alleging that dowry the onus is on them to prove same further to prove that she deserted you proof like there was no conciliation from there side , you tried contacting and calling her back further any complaint with police or any family meeting in regard.
If they have alleged that then they will prove the same. You don't have to proof you can ask them documentary evidence for the same.
1. SMS will be a good prove to show the same.
2. They will have to prove that they gave the money to you
3. You can produce the said document in your support
Since she has filed a maintenance case and it is just the first hearing, you may just appear before the court and afterwards you may brief your advocate with the instructions so that he will take care of filing counter to her petitioin allegations.