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Q.Best suggestion for false allegations levelled by wife --- RCR or Divorce
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Q. Best suggestion for false allegations levelled by wife --- RCR or Divorce

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Nani Devadiga

posted 1 year ago

We got married in Jul, 2017 My age (31) wife (30) this was an arrange marriage. We are based in Mumbai but I'm working in Chennai from last 5 years.
She has younger brother and father who works in a small firm and house wife mother.
Before marriage we had come to an understanding that no kids for at least 2 years meanwhile we spend good time together save money and get our own house in Chennai.
In all our conversations from our engagement time till November 2017 I've always realised She's bit immatured and cannot take ANY decisions on her own and she's very introvert.
She's always depended on her mother for any small decision in her life. After marriage we moved to Chennai and started having small misunderstandings
She's become more dominating and tried to implement whatever her mother says. Her mother dominates her entire family nobody dares to speak against her not even her father.
So she wanted her daughter(my wife) to do the same and make me dance to her tunes but I'm completely against her wishes which annoyed her and her mother.
As this continued for certain time she decided to go back to her Maternal home (Mumbai) and she closed all communications with me after she reached there.

My family arranged couple of meetings with her family and few well wishers to sort out these issues everybody understood that her mother is the real culprit behind all her wrong behaviour
Now MY Wife is refusing to come back so I sent a normal notice through my lawyer (NOT court) to come back and lead a normal marriage life.
In reply to my letter she sent a notice through her lawyer (NOT court) quoted with baseless allegations like dowry & sexual harrasment and we forcefully thrown her out from my home (all are baseless allegations)

I didn't respond to her notice which has all false allegations

So wanted your help on below questions

1) Sending (RCR) Restitution of Conjugal Rights (Through Court) is the best option or filing Divorce ? If I file RCR, Can she file Domestic Voilence meanwhile without any concrete proof ?
2) Will her lawyer charge any money to come to court after I file RCR ? what exact charges ? (Apprximate charges ??)
3) While RCR is going on can she ask for interim maintainence ?
4) If she denies to comeback after court counselling through RCR what are the next steps ? Any Grace period given to her ? and 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) If I file for Divorce after how long she can ask for interim maintainence ?
7) If I file for Divorce and after counselling if she asks for reconcilation 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

- The reason I'm thinking of RCR is I don't want to pay interim maintainence (I can pay lumpsum / total money in the final agreement)
My questions maybe confusing whether I want this marriage or not ?? But I'm decided that I don't want to stay with her any more, just to clarify whether I should go for RCR or divorce? if she & her family pleads to take her back then I may give it a thought

As her family is very cunning I want to ensure my moves are more accurate and prepared for everything.
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 and file for divorce she may play smart.

Thanking you in advnace for taking your time out and guiding me in proceeding further in my case


Regards,
Nani
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A. you can send the legal notice and submit application for divorce, as per your request insteed of paying monthly maintenance you can pay lump sum also it is applicable in process of law. contact me through vidhikarya it case will sorted out easily

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SUNDARAVADIVELU VELU

Experience: 10 Year(s)

Responded 8 months ago

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A. FILE A CASE UNDER SECTION 9 OF HINDU MARRIAGE ACT,1955 FOR CONJUGAL RIGHTS For details, pl.contact some advocate throughvidhikarya.com

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Rajender Prasad

Experience: 5 Year(s)

Responded 8 months ago

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A. File a petition for restitution of conjugal rights immediately otherwise if filed after your wife files a case , your case may become week.

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Nirmal Chopra

Experience: 20 Year(s)

Responded 1 year ago

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A. Dear Sir,

My answers are as follows:

1) Sending (RCR) Restitution of Conjugal Rights (Through Court) is the best option or filing Divorce ?
Ans: It is best option before filing divorce.

If I file RCR, Can she file Domestic Voilence meanwhile without any concrete proof ?
Ans: She has every right to file DV case and she has based such pleadings in her reply legal notice.

2) Will her lawyer charge any money to come to court after I file RCR ? what exact charges ? (Apprximate charges ??)
Ans: No.

3) While RCR is going on can she ask for interim maintainence ?
Ans: She can file interim application to claim such interim maintenance in divorce case if she files but her claim for interim maintenance in RCR will be dismissed.

4) If she denies to comeback after court counselling through RCR what are the next steps ? Any Grace period given to her ? and when can I file for divorce ?
Ans: Two- - Three chances will be given then no settlement report will be filed to the Court then Court will record your evidence and decree RCR case.

5) If she comes back can I get an approval from court to install CCTV @ my home in Hall (to avoid future problems) ?
Ans: No, it cannot be.

6) If I file for Divorce after how long she can ask for interim maintainence ?
Ans: Immediately within 2-3 months from the date of divorce petition interim maintenance will be allowed.

7) If I file for Divorce and after counselling if she asks for reconcilation and she repeats same things again can I file for Divorce again
Ans: It may happen and it may consume 4-6 months.

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
Ans: No, you cannot ask the Court vice versa.

- The reason I'm thinking of RCR is I don't want to pay interim maintainence (I can pay lumpsum / total money in the final agreement)
Ans: You cannot avoid payment of alimony if Court orders for it.

My questions maybe confusing whether I want this marriage or not ??
Ans: Judges have dealt thousands of similar cases and a Court cannot be asked to act at your tunes.

But I'm decided that I don't want to stay with her any more, just to clarify whether I should go for RCR or divorce? if she & her family pleads to take her back then I may give it a thought
Ans: If she is not willing to join then you have to pay maintenance.

As her family is very cunning I want to ensure my moves are more accurate and prepared for everything.
Ans: It will be considered by the Court.

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 and file for divorce she may play smart.
Ans: Yes, there are chances of playing with her smart pleadings.

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Farhana Tarannum N

Experience: 1 Year(s)

Replied 8 months ago

Namaste sir, thanks for ur kind reply sir. As i go through d above case , my husband also alliged me almost same as about mother,cctv etc from last few months .but My self innocent.once again thanks for ur concern.

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A. Hi

You file petition for restitution of conjugal rights.

Prithvi Raj Sikka
lawjuris
Delhi

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Prithvi Raj sikka

Experience: 39 Year(s)

Responded 1 year ago

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