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Restitution of conjugal rights (RCR) V/S divorce/498A/DVA 

What you is this usefull to you and help you in your cases
1) yes 50%  50%  [ 12 ]
2) No 4%  4%  [ 1 ]
3) Not Sure 21%  21%  [ 5 ]
4) Waste of time 25%  25%  [ 6 ]
Total votes : 24

Restitution of conjugal rights (RCR) V/S divorce/498A/DVA 
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
When every you feel that you can face some prob. like 498A/DV 2005 you can file HRA section 9 can be filed even if she is staying WITH YOU immediately .

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.

If 498A/DVA 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.

Also i need to add try to get some weak point of her(your beloved wife )if she has done some thing wrong ,some vedio recording of her etc which you can prove in court and on it basis you can ask court 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!!!

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Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Thu Jul 02, 2009 12:16 pm
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Joined: Mon Jul 07, 2008 9:43 pm
Posts: 363
My case is completely reverse, the bitch is tryingti file RCR as we are in the process of divorce in USA, may be as you said they trying not to serve RCR notice to us to get exparte and that may be the reason i didnt get any notice in India. Not sure how to handle this situation, what if she gets RCR successfull, does it effect my diuvorce in USA anyway?


Thu Jul 02, 2009 3:35 pm
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
On what ground you are asking for divorce from her and where she has filed RCR . Can you give some more details about the situation .

Whether she is living in india and files RCR or some one else has file RCR on her behalf .
is your marriage register in US also ? As indian laws and US laws are different .

You need to give solid proof in context to your marriage failure as she has file RCR .
give me some more details so i may help you better.

Regards
rajeev

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Thu Jul 02, 2009 4:10 pm
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Joined: Mon Jul 07, 2008 9:43 pm
Posts: 363
I did file for divorce here in USA as she put my family in false 498a. she has been to india recently and i hope at that time she did her arrangements for RCR and roght now she is in USA for our divorce trail date .

my marriage is not registered in USA, its only in India we registered.


Thu Jul 02, 2009 4:38 pm
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Joined: Fri Sep 05, 2008 7:23 am
Posts: 73
In RCR, one "calls back" his wife, on this if wife files 498a or similar criminal case, won't it be a reply to the RCR, won't the judge feel, if the wife is filing a 498a case, on what basis should the RCR of the husband succeed.......??

On the other hand if a husband files for separation/ divorce/ nullity, and later, if the wife files 498a it adds to the agony stated by the husband in his separation/ divorce/ nullity...

inviting undue diplomacy will not help, instead spoil the matter......is what I sincerely feel...


Thu Jul 02, 2009 5:15 pm
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
1) check with some good lawyer what all you can do in these cases.

2) As far as i understand do not worry for RCR as as agree with misterlaw2008 statement that 498A is criminal & RCR is civil cases they both cannot work together .
this is almost like " you throw a nuclear bomb at some place and then thrower accept live in that place only with peace" which is impossible .

3) You can take the copy for 498A(Under RTI Act) which she has filled and put in US court saying this is criminal deed against you can your family it will help in your court case .

4) check out with lawyer in case you can file CRPC IPC 340 against her in india .

5) If they have given any kind of dowary and if you have maintain some records/proof of it in case they have given some cheques or mainitain some list of item and copy is given to you in there hand wrighting,
you can ask you family members to file cases under dowary Pro Act section 3 & 4 saying they have give you dowary under some criminal thinking as giving of dowary is also crime & file a case Indian Penal Code sections 388 (extortion in the name of false prosecution), 506 (threat to life) and 34 (criminal conspiracy with common intention)

6) File a case of theft that she has taken jewellary/cash with and some very important doc with her along with blackmailing .

7) get the things recorded (telephonic conversation of her /family) .

8) Check in US if you have any other charges that you can put against her .

these are only my suggestion you need to check you lawyers first and there are many things you can do

Best Of Luck !

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Fri Jul 03, 2009 3:35 am
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Joined: Mon Jul 07, 2008 9:43 pm
Posts: 363
Looks like everything is reverse in my case. AS you said to bring in a copy of 498a filing in india to US court it was already done by the bitch saying that i have criminal charges in india and so decission on divorce can not be made untill that clears, she brought everything to US that too translated in english by the SHO.


Fri Jul 03, 2009 4:25 pm
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
hey i think you wife is getting advise from Good laywer or she seems to be intelligent

Anyways i will say there are 1000 of things you can do but you need to make your mind cool in this try these ;

1) Put the case of theft against her in India & US asap .

2) Put the case of demostic voilence against her in US (Which is not possible in india.)

3) Put the case of dowary against her under section 3/4 & her family members .

4) Call you family members there (US ) to whom to cannot call ask them to break all relation with you & your family members including you beloved 498A wife .By giving then some excuse this need to be done via court/ get publish in new papers .
Ask them to fill a complaint(FIR ) in police if any thing goes wrong to them your wife and her family members are responsible for it Even you can put blackmailing etc..there fore your hole family will be saved .your half tension is removed .

5) If you have give her supported on her Visa take it back give all reports & things to US personals saying that divorce case is going on .has she this much of asets/cash to support in US with you .

6) To tease her you can try this also ;

Ask court so your case is still on and she/you have not got divorce yet so she will be consider as your wife only .. being a wife she need to wear Bindi/mangalsutra/Sindor etc if she does not then its against Hindu customs ,Married laws .If she does not still do file a case against her in US court .


7)Ask your female family member so file case of PWDVA, 2005 against her male family members saying they come and threat her in all possible ways life, money,etc and even they say you are in trouble as we have asked their daughter to file fake case 498A against you give ...lakh else we will kill you , being the old lady you cannot do much it & difficult to protect etc .proof is already there in court for 498A. send letter to PM , President , Home ministry, Sonia Ghandhi ,DSP/SHO/Police stations / Women organistions, women ministry from your mother end saying lot of things hope you understand what i am saying .

8) Call her and ask her what she want in terms of money( record it )

9) Take the copy of FIR (498A) & RCR give by her and tell court(US, India) one cannot be correct , in one she is lying on this basis you can ask court to accept the case against her on IPC 340 &other you can read in my other post .

10) Get Collect various facts(Judgements/orders/saying of different politicians) saying 498A case r 98 % false .Even President/Supreme court judge / home ministry also feel same they are working on it to get it corrected Via CRPC adm 2008 which will be notified soon There are many more law which are there such as Domestic Voilence 2005 alogn with this law . Even President of india and Cheif Justice Of india also admits that this law is been misused . You can check in the mention below link and even i am attching some more DOC . with this mail .
http://www.telegraphindia.com/1081228/j ... 309933.jsp

http://presidentofindia.nic.in/speeches2008.html

Chief Justice of india admit misused of 498A.

http://savefamily.org/index.php?option= ... &Itemid=50

http://timesofindia.indiatimes.com/arti ... 057825.cms

http://prassoon.sulekha.com/blog/post/2 ... 8a-law.htm


NCRB report by Govt.2007 give all to judge in US


11) If Any of your family members are arrested due to 498A then ask them to fill IPC 499 , 500(defaming under Criminal intesion against her . family members & ask for damage (Rs .......Lakh) as there repo is spoiled in society .Even they are physically & mentally Tense .


12)Ever withdrawn your case in US else your beloved 498A will file a case of divorce against you asking hell lot of money

13) Do not try to take her back in your life as there is not gurranty that she will live goodly with you any more .

This is what i can think off .. there are lot many thing which you can do .. open you mind /eyes you will find hell lot of solutions of this check with your lawyer first before trying all these .






!!!!!ALL THE BEST!!!!

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Sat Jul 04, 2009 8:45 am
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Joined: Mon Jul 07, 2008 9:43 pm
Posts: 363
Rajeev
Quote:
1) Put the case of theft against her in India & US asap .
2) Put the case of demostic voilence against her in US (Which is not possible in india.)

How is this possible? its been 16 months we are seperated, any idea how to do?

Quote:
3) Put the case of dowary against her under section 3/4 & her family members .

I guess this is kind of tough to register, i may need wait for my divorce to concentrate on this

Quote:
5) If you have give her supported on her Visa take it back give all reports & things to US personals saying that divorce case is going on .has she this much of asets/cash to support in US with you .

This is in process.

Quote:
6) To tease her you can try this also ;

Ask court so your case is still on and she/you have not got divorce yet so she will be consider as your wife only .. being a wife she need to wear Bindi/mangalsutra/Sindor etc if she does not then its against Hindu customs ,Married laws .If she does not still do file a case against her in US court .

I am not sure what sections are available for this and more over i think this can happen in india.

Quote:
7)Ask your female family member so file case of PWDVA, 2005 against her male family members saying they......

I dont want to do this at this point, as my old parents live alone in india and we all are in US..lets me wait

Quote:
8) Call her and ask her what she want in terms of money( record it )

She never asks for money directly and she wants her life back (in her words), she doubt that i record every conversation but her final goal is money for which she moves her plans in different ways indirecdtly.

Quote:
9) Take the copy of FIR (498A) & RCR give by her and tell court(US, India) one cannot be correct , in one she is lying on this basis you can ask court to accept the case against her on IPC 340 &other you can read in my other post .


Honestly....I dodnt follow this point, can you please explain me more in detail.thanks

Quote:
11) If Any of your family members are arrested due to 498A then ask them to fill IPC 499 , 500(defaming under Criminal intesion against her . family members & ask for damage (Rs .......Lakh) as there repo is spoiled in society .Even they are physically & mentally Tense .


I have to plan for this sometime as of now my parents are not in a mood to do all these as they are alone. I once forced them to file Income Tax Evasaion on my FIL and that fired reverse on my father and so they are not ready to take any such risk.


Quote:
12)Ever withdrawn your case in US else your beloved 498A will file a case of divorce against you asking hell lot of money

May need more explanation on this, please.


Quote:
13) Do not try to take her back in your life as there is not gurranty that she will live goodly with you any more .

This not going to happen anyways, I took a firm decission that day when she filed 498a and since then i even hate to talk to her and thats why i am ignoring by which she is getting mad.


Sun Jul 05, 2009 2:21 pm
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
Quote:
1) Put the case of theft against her in India & US asap .
2) Put the case of demostic voilence against her in US (Which is not possible in india.)

How is this possible? its been 16 months we are seperated, any idea how to do?
Answer : This is very much possible dear scrach your head .. you will get Answer .. Rem she has file RCR ( Want you to come back in her again ) .. this is public forum else i would have suggested you .... you need to be little bit smart ..start thinking from her end u will get answer ..


Quote:
3) Put the case of dowary against her under section 3/4 & her family members .

I guess this is kind of tough to register, i may need wait for my divorce to concentrate on this .
Answer : if you have any records that she/parents has give anything then possible .


Quote:
5) If you have give her supported on her Visa take it back give all reports & things to US personals saying that divorce case is going on .has she this much of asets/cash to support in US with you .

This is in process.


Quote:
6) To tease her you can try this also ;

Ask court so your case is still on and she/you have not got divorce yet so she will be consider as your wife only .. being a wife she need to wear Bindi/mangalsutra/Sindor etc if she does not then its against Hindu customs ,Married laws .If she does not still do file a case against her in US court .

I am not sure what sections are available for this and more over i think this can happen in india.
Answer : In US every thing is possible .. think & think u will get solution .

Quote:
7)Ask your female family member so file case of PWDVA, 2005 against her male family members saying they......

I dont want to do this at this point, as my old parents live alone in india and we all are in US..lets me wait
Answer : Call them with you only . .what for they are India .? Who is taking care for them ..??


Quote:
8) Call her and ask her what she want in terms of money( record it )

She never asks for money directly and she wants her life back (in her words), she doubt that i record every conversation but her final goal is money for which she moves her plans in different ways indirecdtly.

Answer : Once gone things can never be same again .. this is what i think (these are personal View : i react very badly & always tries to change the situtation in my way only .. ) so you mention her clearly .

Quote:
9) Take the copy of FIR (498A) & RCR give by her and tell court(US, India) one cannot be correct , in one she is lying on this basis you can ask court to accept the case against her on IPC 340 &other you can read in my other post .


Honestly....I dodnt follow this point, can you please explain me more in detail.thanks
Answer : 498A & RCR cannot run together .so in one she is not correct .. check in google about IPC 340 section in india . work on it ..you will get solution what i am saying .


Quote:
12)Ever withdrawn your case in US else your beloved 498A will file a case of divorce against you asking hell lot of money

May need more explanation on this, please.
Answer : Dear i am not sure what she excately wants ??? Two possiblity :

A) Come back in your life again what that will give her anything apart from tension . ( So chances are less even she also know this facts)
B) She is looking for money from which she is not asking directly .. but may be she need so that using she can shettle anywhere .

As she has filed both RCR & 498A
.

once you withdraw you case in US . Then max chances are there she can file same case (Divorce)in india withdrawing her RCR and ask you ......Lakh of money as alimoney / damage charges from you . Then you and yur parents will be more in trouble due to this ....


All these are personal thinking . ask if any one else can guide you better in this ..

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Mon Jul 06, 2009 9:47 am
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Joined: Wed Sep 22, 2010 1:52 am
Posts: 9
Mr Rajeev Jain

You had written that " 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." Just want to know if there is any judgement regarding this by any court with proper case numbers? I would really appreciate your reply

thank you


Wed Sep 22, 2010 3:27 pm
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Joined: Mon Jul 19, 2010 7:18 am
Posts: 152
Dear rajeev,
firstly compliments for the indepth analysis of RCR, in a step by step approach, well most of the points are convincing, i however feel if she has to get vindictive, she shall as it is file false and fabricated cases, thus one must not fear of not filling RCR, it in fact must be used as a pre-requisite prior persuing contested divorce/ /

As clearly brought out by you 98% women wont come back, thus this RCR would only put pressure on her to understand that the husband too is not a joker and has the wits to make his path.

since no two matrimonial cases are similar how this RCR helps can best be seconded by someone who has gone through it, s that a pattern could be brought out.

my compliments again for the precise detail


Wed Sep 22, 2010 3:55 pm
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
If some get good out of it then i will be feeling more happy .. Anways thanks


We do not have any judgement related to it Tejavarsha

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Wed Sep 22, 2010 5:10 pm
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Joined: Tue Aug 12, 2014 12:15 pm
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Location: UP
from boys end ...RCR should be used like a weapon


Thu Nov 20, 2014 10:40 am
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Joined: Fri Jan 10, 2014 7:25 am
Posts: 7
I won 498a in HC. She filled appeal in Supreme court which are pending date is not come last one year.

I put RCR she said she cannot come my house due to spinal tuberculosis suffering. My parents worked.


The judge give decision that all allegations are false against me and my family. But she has problem when she will recover, she come back.


Now she filled 125case with a certificate of permanent handicapped. I put HC quash decisions to reject case. After no notice come again.

My question is

1. Can I filled divorce for wrong statement is that she is permanent handicapped. Never recover.
2. I filled perjury on her statement bases in different statement.
3. I filled one case againt her all family member threat and 420 on the recorded conversion. But police filled FR.
4. I have documentary evidence and recorded conversion against her.


Harish
Harish270@gmail.com


Mon Nov 16, 2015 11:10 am
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