HomeRCR V/S divorce
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RCR V/S divorce
Admin Mon Jul 27, 2009 10:16 am
HRA section 9 can be filed even if she is staying WITH YOU.
Desertion is NOT a mandatory condition.
1. If she stops talking to you -> you can file RCR
2. If she sleeps on different bed -> you can file RCR
3. If she refuses to attend any marriage party -> you can file RCR
4. If she refuses to welcome your guests -> you can file RCR
Restitution of conjugal rights (RCR) is a civil case. It is a legal way of
showing your interest in getting your wife back.
If she files a false 498a, RCR helps in the ways mentioned below.
1) Reduces maintenance and alimony
2) Weakens her 498a
3) Fast tracks divorce
Normally, a wife will not come back once you have filed RCR. If she does,
it'll only be to fabricate evidence against you. Therefore, in your RCR,
never mention your parents' address as your current address. Hire an
accomodation of a room and a toilet and give the address of the rented
accomodation in your RCR. Even if she comes back, she is likely to run away
from the rented accomodation within in a few days. Meantime, use technology
to expose her.
The downside of RCR is that it increases the risk of a false 498a against
you. So file an RCR if you are sure that she's anyway going to file a false
498a against you. Alternatively, some people suggest to pay extra (a few
hundreds) to your lawyer so that your lawyer makes arrangement for NOT
sending out first few RCR notices to your wife. This will, in effect, bring
you closer to getting an ex-parte decree without even letting your wife know
that she has been RCRed.
Personally, I think that since RCR is a civil case, you should go for
a low-cost lawyer.
ideal for the District Judge in India to make personal appearance at least at the time of last date before granting decree of dissolution marriage in case of mutual consent divorce. Caution: If the wife deceives, the husband can be in trouble in India under 498A IPC etc. if they are not dismissed before applying for mutual consent divorce (Do not allow withdrawal of any petition u/s. 498A IPC etc.). Other matrimonial cases do not pose any harm as it is to be clearly covered in the application duly (i) verified by both and (ii) application duly supported with affidavit.
There is no such format in the SAverindianFamily@ yahoogroups website before for application of mutual divorce application. We are sending the same for reference and understanding. Consult your adocate as well as also apply your own mind before proceeding as per circumstances in each case:- (For Filing jOINTLY In District COURTS IN India)
PETITION FOR DIVORCE BY MUTUAL CONSENT
(for Residents residing abroad)
IN THE DISTRICT COURT OF ............ ......... ......... ......... ......... .
To,
The Honourable District Judge, ............ . District ............ .. State ............ .. India
PETITION FILED By Mr.......... ......... ........s/ o........ ......... ..... (Husband) and
Mrs......... ......... ......... ......... ... w/o. ............ ......... .........
Maiden Name ............ ......... ..(wife) - Petitioners
PETITION FOR DIVORCE BY MUTUAL CONSENT UNDER SECTION 23(1)(bb) OF
THE HINDU MARRIAGES ACT, 1955 / SECTION 28 of SPECIAL MARRIAGES ACT,
1954 (No.43 of 1954)
The petitioner prays together as follows: -
1. The mmariage between the petitioners was solemnized/register ed under Chapter _______ by the Marriage Officer ............ ......... ......... ........at ............ ......... ........ on ............ ........ . A certified copy of the certificate of marriage bearing registration no.......... ... dated ......... is attached with this petition as its part.
2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition are as follows:
____________ _________ _________ _________ _________ _________ _
Husband | Wife .
Status : Married | Married
Name of Wife: ............ .... | Name of Husband..... ..
(Do copy names as given above to avoid any other marital status of spouse)
Age : Years | Years
Place of
Residence: |
Before Marriage: ............ ......... ........ | ............ ......... ......... .
At Time of Filing
the Petition: ............ ......... ........ | ............ ......... ......... .
3. (In this paragraph state the names of children, if any, out of the marriage together with their sex, dates of birth or ages.
4. The petitioners have been living separately for a oerios of one year or more and have not been able to live together and the petitioners have mutually agreed that the marriage should be dissolved.
5. The consent of the either party has not been obtained by force, fraud or undue influence.
6. There is no collusion between the petitioners.
7. There has been no proceedings with regard to the marriage by or on behalf of any party.
OR
There have been the following previoous proceedings with regard to the marriage by or on behalf of the wife and husband as follows:-
____________ _________ _________ _________ _________ _________ _
Serial No. Name of Parties Name of Number Name and Result
Proceedings and date location
with section and Year of the
of the Act of the Case Court .
1 2 3 4 4 6 .
(i).
(ii)
(iii)
(iv)
(v)
____________ _________ _________ _________ _________ _________ _
8. There has not been any unneccesary or impoper delay in filing this petition.
9. There is no other legal ground why the relief should not be granted.
10. a. The mmariage was solemnized at ............ ......... ...... . The petioners reside at present at
(i) ............ ......... ........
(ii) ............ ......... ........
10b. The Petitioners last resided together until....... ......... ......... .. at ............ ......... .....
11. The petitioners declare on solemn affirmation that the wife or husband , as applicable, shall withdraw their cases against each other / have withdrawn their cases against each other and withdrawals have been allowed by the concerned judicial authorities named above. And we shall have no concern after mutual divorce is granted by this court by dissolution of marriage and abide by solemn affirmation and declaration bothe will not litigate on any matter in any manner whatsoever.
12. The etitioners submit that this Honourable Court has jurisdiction to entertain this petition.
13. The Petitioners Mrs......... ......... ......... ......... ......... (wife) and Mr.......... ......... ......... .... (husband), therefore, pray for issue of a decree declaring the marriage as dissolved with effect from the date of decree.
Signature
Mr.......... ......(Husband)
Mrs......... ......(Wife)
PETITIONERS
VERIFICATION
We, Mr.......... ......... ... s/o......... ......... ......... .. and Mrs......... ......... ......... ...... w/o. ............ ......... ......... .. (Nee - give maiden name)** state on sloemn affirmation that Paras ............ .... to ............ ....... of the petition are true to the petitioners' knowledge and paras ............ ....... to ............ ......... are true to the petitioners' information received and believed to be true by them.
Verified on this ............ ......... ... day of ............ 2007 ............ ....
Place
Mr.......... ......(Husband)
Mrs......... ......(Wife)
PETITIONERS
* Type as applicable
** Do not mention as We the above named petitioners. Write names clearly.
NB: This petition be accompanied with an Affidavit which is in agreement with verification and the repeat the verification in the affidavit.
NB: If divorce is take abroad for marriage in India, the divorce decree by USA court shall not be valid and acceptable by India courts. This advantage can enable the wife to wife any criminal or civil suit against the US Citizen. So, be sure your wife is honest. Come to India and take divorce in person OR try for the video conference mutual consent divorce. In criminal cases even video conference is allowed. In Matrimonial matters, it can be convinced that the mutual consent is genuine and take permission for mutual divorce.
____________ _________ _________ _________ _________ _________ _
Form No. 6 of MWF: Prepared by legal department of
Mulkhraj World Foundation, PB No. 9306 Delhi 92 India mulakhrajworldfound ation@gmail. com. Distributed Free for Family Harmony.
e.&.o.e.
You can appear in the court without any advocate. BUT do get the application prepared by your local advocate as per circusmtances in the each case of mutual consent divorce.
forget about their gameplan for now .. work on your gameplan .. first
of all file for anticipatory bail and interim bail .. if anticipatory
bail is rejected, make sure you lawyer asks court for written 7 day
notice if police wants to arrest you for some investigation under
498a, DP 3,4, DV Act. Then sit back and enjoy .. file some counter
cases if there is an occasion, file for divorce if she wants to live
with you, file for RCR if she does not want to live with you .. but
in RCR put in conditions which you know she will never agree to ..
like accepting in court that she has put false 498a complaint and she
should publicy appologize in newspaper etc and she should compound
the false case and all that .. basically say that you can only
forgive and forget if she accepts all her mistakes and asks for
forgiveness publicly for her mistakes .. only then you
will "consider" RCR .. and that you would like not to break the
marriage as far as possible ..
A victim cum winner!!!
If 498A has to happen it will happen, probably they are waiting for the right time when they can lash at you at the most unexpected time when you are in between something important. By filing RCR you would be instigating your opposition to file if they really want to file - its like cutting off the last few strands of the axe that's to fall on your neck rather than waiting in fear. Once and if it falls you know the direction its headed for and then you could cure yourself and launch your war.
2. Filing RCR legally proves the date from when you have been living separately.
3. By filing RCR You are putting on the Good person picture of calling your wife back and not deserting her or throwing her out of your house.
4. Give you a leverage for AB/Bail incase of 498A. Basically adorning an armour (kavach).
5. Legally proving to the court that she and only she was the cause of the marriage breaking by deserting you and not you!!
Now the most important points to ponder on which should be everyone who files RCR that should be a safe kept secret final objective.
6. So if point 5 is proved then you again 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 but stay away and suck money off.
7. Also if pt 5 is proved it proves the wife has not looked into the benefit of the child by deserting and breaking the family for her whims and fancies - if the court looks at the benefit of the child should he/she be in the custody of the person who did not look at his/her benefit in breaking the marriage??
Now note during the initial petition for RCR do not mention any conditions in it come what may - you bring up these conditions only on the final stages when you think its going to backfire and she is going to join you against your wishes and for her ulterior motives.
By not mentioning the conditions initially you are just showing the court that you are unconditionally ready to take her back again trying to paint a good picture.
Desertion is NOT a mandatory condition.
1. If she stops talking to you -> you can file RCR
2. If she sleeps on different bed -> you can file RCR
3. If she refuses to attend any marriage party -> you can file RCR
4. If she refuses to welcome your guests -> you can file RCR
Restitution of conjugal rights (RCR) is a civil case. It is a legal way of
showing your interest in getting your wife back.
If she files a false 498a, RCR helps in the ways mentioned below.
1) Reduces maintenance and alimony
2) Weakens her 498a
3) Fast tracks divorce
Normally, a wife will not come back once you have filed RCR. If she does,
it'll only be to fabricate evidence against you. Therefore, in your RCR,
never mention your parents' address as your current address. Hire an
accomodation of a room and a toilet and give the address of the rented
accomodation in your RCR. Even if she comes back, she is likely to run away
from the rented accomodation within in a few days. Meantime, use technology
to expose her.
The downside of RCR is that it increases the risk of a false 498a against
you. So file an RCR if you are sure that she's anyway going to file a false
498a against you. Alternatively, some people suggest to pay extra (a few
hundreds) to your lawyer so that your lawyer makes arrangement for NOT
sending out first few RCR notices to your wife. This will, in effect, bring
you closer to getting an ex-parte decree without even letting your wife know
that she has been RCRed.
Personally, I think that since RCR is a civil case, you should go for
a low-cost lawyer.
ideal for the District Judge in India to make personal appearance at least at the time of last date before granting decree of dissolution marriage in case of mutual consent divorce. Caution: If the wife deceives, the husband can be in trouble in India under 498A IPC etc. if they are not dismissed before applying for mutual consent divorce (Do not allow withdrawal of any petition u/s. 498A IPC etc.). Other matrimonial cases do not pose any harm as it is to be clearly covered in the application duly (i) verified by both and (ii) application duly supported with affidavit.
There is no such format in the SAverindianFamily@ yahoogroups website before for application of mutual divorce application. We are sending the same for reference and understanding. Consult your adocate as well as also apply your own mind before proceeding as per circumstances in each case:- (For Filing jOINTLY In District COURTS IN India)
PETITION FOR DIVORCE BY MUTUAL CONSENT
(for Residents residing abroad)
IN THE DISTRICT COURT OF ............ ......... ......... ......... ......... .
To,
The Honourable District Judge, ............ . District ............ .. State ............ .. India
PETITION FILED By Mr.......... ......... ........s/ o........ ......... ..... (Husband) and
Mrs......... ......... ......... ......... ... w/o. ............ ......... .........
Maiden Name ............ ......... ..(wife) - Petitioners
PETITION FOR DIVORCE BY MUTUAL CONSENT UNDER SECTION 23(1)(bb) OF
THE HINDU MARRIAGES ACT, 1955 / SECTION 28 of SPECIAL MARRIAGES ACT,
1954 (No.43 of 1954)
The petitioner prays together as follows: -
1. The mmariage between the petitioners was solemnized/register ed under Chapter _______ by the Marriage Officer ............ ......... ......... ........at ............ ......... ........ on ............ ........ . A certified copy of the certificate of marriage bearing registration no.......... ... dated ......... is attached with this petition as its part.
2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition are as follows:
____________ _________ _________ _________ _________ _________ _
Husband | Wife .
Status : Married | Married
Name of Wife: ............ .... | Name of Husband..... ..
(Do copy names as given above to avoid any other marital status of spouse)
Age : Years | Years
Place of
Residence: |
Before Marriage: ............ ......... ........ | ............ ......... ......... .
At Time of Filing
the Petition: ............ ......... ........ | ............ ......... ......... .
3. (In this paragraph state the names of children, if any, out of the marriage together with their sex, dates of birth or ages.
4. The petitioners have been living separately for a oerios of one year or more and have not been able to live together and the petitioners have mutually agreed that the marriage should be dissolved.
5. The consent of the either party has not been obtained by force, fraud or undue influence.
6. There is no collusion between the petitioners.
7. There has been no proceedings with regard to the marriage by or on behalf of any party.
OR
There have been the following previoous proceedings with regard to the marriage by or on behalf of the wife and husband as follows:-
____________ _________ _________ _________ _________ _________ _
Serial No. Name of Parties Name of Number Name and Result
Proceedings and date location
with section and Year of the
of the Act of the Case Court .
1 2 3 4 4 6 .
(i).
(ii)
(iii)
(iv)
(v)
____________ _________ _________ _________ _________ _________ _
8. There has not been any unneccesary or impoper delay in filing this petition.
9. There is no other legal ground why the relief should not be granted.
10. a. The mmariage was solemnized at ............ ......... ...... . The petioners reside at present at
(i) ............ ......... ........
(ii) ............ ......... ........
10b. The Petitioners last resided together until....... ......... ......... .. at ............ ......... .....
11. The petitioners declare on solemn affirmation that the wife or husband , as applicable, shall withdraw their cases against each other / have withdrawn their cases against each other and withdrawals have been allowed by the concerned judicial authorities named above. And we shall have no concern after mutual divorce is granted by this court by dissolution of marriage and abide by solemn affirmation and declaration bothe will not litigate on any matter in any manner whatsoever.
12. The etitioners submit that this Honourable Court has jurisdiction to entertain this petition.
13. The Petitioners Mrs......... ......... ......... ......... ......... (wife) and Mr.......... ......... ......... .... (husband), therefore, pray for issue of a decree declaring the marriage as dissolved with effect from the date of decree.
Signature
Mr.......... ......(Husband)
Mrs......... ......(Wife)
PETITIONERS
VERIFICATION
We, Mr.......... ......... ... s/o......... ......... ......... .. and Mrs......... ......... ......... ...... w/o. ............ ......... ......... .. (Nee - give maiden name)** state on sloemn affirmation that Paras ............ .... to ............ ....... of the petition are true to the petitioners' knowledge and paras ............ ....... to ............ ......... are true to the petitioners' information received and believed to be true by them.
Verified on this ............ ......... ... day of ............ 2007 ............ ....
Place
Mr.......... ......(Husband)
Mrs......... ......(Wife)
PETITIONERS
* Type as applicable
** Do not mention as We the above named petitioners. Write names clearly.
NB: This petition be accompanied with an Affidavit which is in agreement with verification and the repeat the verification in the affidavit.
NB: If divorce is take abroad for marriage in India, the divorce decree by USA court shall not be valid and acceptable by India courts. This advantage can enable the wife to wife any criminal or civil suit against the US Citizen. So, be sure your wife is honest. Come to India and take divorce in person OR try for the video conference mutual consent divorce. In criminal cases even video conference is allowed. In Matrimonial matters, it can be convinced that the mutual consent is genuine and take permission for mutual divorce.
____________ _________ _________ _________ _________ _________ _
Form No. 6 of MWF: Prepared by legal department of
Mulkhraj World Foundation, PB No. 9306 Delhi 92 India mulakhrajworldfound ation@gmail. com. Distributed Free for Family Harmony.
e.&.o.e.
You can appear in the court without any advocate. BUT do get the application prepared by your local advocate as per circusmtances in the each case of mutual consent divorce.
forget about their gameplan for now .. work on your gameplan .. first
of all file for anticipatory bail and interim bail .. if anticipatory
bail is rejected, make sure you lawyer asks court for written 7 day
notice if police wants to arrest you for some investigation under
498a, DP 3,4, DV Act. Then sit back and enjoy .. file some counter
cases if there is an occasion, file for divorce if she wants to live
with you, file for RCR if she does not want to live with you .. but
in RCR put in conditions which you know she will never agree to ..
like accepting in court that she has put false 498a complaint and she
should publicy appologize in newspaper etc and she should compound
the false case and all that .. basically say that you can only
forgive and forget if she accepts all her mistakes and asks for
forgiveness publicly for her mistakes .. only then you
will "consider" RCR .. and that you would like not to break the
marriage as far as possible ..
A victim cum winner!!!
If 498A has to happen it will happen, probably they are waiting for the right time when they can lash at you at the most unexpected time when you are in between something important. By filing RCR you would be instigating your opposition to file if they really want to file - its like cutting off the last few strands of the axe that's to fall on your neck rather than waiting in fear. Once and if it falls you know the direction its headed for and then you could cure yourself and launch your war.
2. Filing RCR legally proves the date from when you have been living separately.
3. By filing RCR You are putting on the Good person picture of calling your wife back and not deserting her or throwing her out of your house.
4. Give you a leverage for AB/Bail incase of 498A. Basically adorning an armour (kavach).
5. Legally proving to the court that she and only she was the cause of the marriage breaking by deserting you and not you!!
Now the most important points to ponder on which should be everyone who files RCR that should be a safe kept secret final objective.
6. So if point 5 is proved then you again 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 but stay away and suck money off.
7. Also if pt 5 is proved it proves the wife has not looked into the benefit of the child by deserting and breaking the family for her whims and fancies - if the court looks at the benefit of the child should he/she be in the custody of the person who did not look at his/her benefit in breaking the marriage??
Now note during the initial petition for RCR do not mention any conditions in it come what may - you bring up these conditions only on the final stages when you think its going to backfire and she is going to join you against your wishes and for her ulterior motives.
By not mentioning the conditions initially you are just showing the court that you are unconditionally ready to take her back again trying to paint a good picture.
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