• Only nikah nama - marriage not registered

Can I put an RCR if my marriage is not registered I only have nikha nama. My wife wants me to buy separate house only then she will come back. She is at her father house for past 8 months , now they have come for khula on a condition to pay mehr and 10 lakh marriage expense they did or else they will put DV and maintenance case on me. What should I do?
Asked 3 months ago in Family Law from Mumbai, Maharashtra
Religion: Muslim

Mutual consent divorce is best option 

 

2) pay the Meher amount 

 

3) negotiate on Rs 10 lakhs demanded by your wife 

 

4) if you don’t want to pay file petition for RCR 

Ajay Sethi
Advocate, Mumbai
69091 Answers
4157 Consultations

5.0 on 5.0

Yes you can do the same and make a averment in the same that your marriage is not registered. If you don't feel like agreeing you can contest the domestic violence Petition. Don't get blackmailed

Prashant Nayak
Advocate, Mumbai
14584 Answers
25 Consultations

4.6 on 5.0

Yes even the marriage is not registered it is valid and RCR can be filed.

See if she is ready to.come then in that case proceed to pursuade her in case she is not ready at all divorce mutually by settling things by paying reasonable.amount.

Shubham Jhajharia
Advocate, Ahmedabad
20947 Answers
81 Consultations

5.0 on 5.0

Do not pay anything. Go by court order only.  

Kallol Majumdar
Advocate, Kolkata
1874 Answers
2 Consultations

5.0 on 5.0

An rcr application is maintainable in the hindu marriage act. Although you can file a reply as to her absence in case she demands maintenance. Marriage would be valid irrespective it is registered or not.

Regards 


Dont agree to their blackmailing and record their conversations and then tell them you shall lodge an fir.

 

Rahul Mishra
Advocate, Lucknow
5076 Answers
12 Consultations

5.0 on 5.0

the Nikahnama has been provided a legal status in India, It may be noted that nikahnama is still recognized as a valid legal document in India. . 

No need to bow down. if she file false cases no need to worry for it, as now a days it is quite common for women to lodge such kind of cases. Anticipatory is right path. 

As per Muslim Personal Law, a Muslim male can marry another Muslim girl without dissolving the existing marriage or divorcing the spouse of the existing marriage. This law is applicable in India too. You need not take permission of the first wife. 

Mohammed Mujeeb
Advocate, Hyderabad
11791 Answers
4 Consultations

4.5 on 5.0

Yes you can file RCR.

If you want to continue with her file RCR, it will lead to divorce.

If you want separation, straight away file for divorce.

S Srinivasa Prasad
Advocate, Hyderabad
956 Answers
6 Consultations

5.0 on 5.0

KHula is not available to wife and is a form of divorce with the consent and at the initiative of the wife and wife agrees to give a consideration to the husband for her release from the marriage tie.

Nikhanama valid proof of muslim marriage, can file RCR.

Yogendra Singh Rajawat
Advocate, Jaipur
14648 Answers
19 Consultations

4.6 on 5.0

Yes you can file RCR petition even if the marriage is not registered because nikah nama is enough to prove your marriage.

If the are offering for one time settlement through Mutual consent divorce then you can go ahead with that if you want to take divorce and avoid cases like DV and maintenance.

Mohit Kapoor
Advocate, Rohtak
4822 Answers
1 Consultation

5.0 on 5.0

The nikah nama or any other evidence to prove the solemnization of your marriage would be sufficient to file the proposed RCR case.

You dont budge to their pressure or threats for a DV case or dowry harassment case, you can challenge them properly if they dont agree for the terms that are acceptable for both the sides.

T Kalaiselvan
Advocate, Vellore
58941 Answers
747 Consultations

5.0 on 5.0

File RCR case immediately.

if they file any case against you than their case can be consider as counterblast case.

If she is not able to maintain herself than she is entitle to get maintenance from you which can be 1/3 of your income but if you proved it before the court that there is no sufficient reason or she left your company without any sufficient cause, her own, than her maintenance petition can be dismissed.

 

Feel Free to Call

 

 

Nadeem Qureshi
Advocate, New Delhi
5362 Answers
261 Consultations

4.9 on 5.0

Dear Sir,

Yes, the husband can file rcr and also the wife can file rcr against the husband. However the right is not absolute right. But, it is the fundamental Principles of all the matrimonial laws that, one spouse is entitled to the companionship and consortium and comfort of the other.

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

Netravathi Kalaskar
Advocate, Bengaluru
3811 Answers
18 Consultations

5.0 on 5.0

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