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Q. RCR

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Anonymous

posted 3 weeks ago

Q.RCR
RCR filed by my wife in 2016 & with a counter I have accepted it and the case is still going on. She has won MC and getting maitenance from me. One more property case also she has filed (to drag the time).At this scenario, if I become ex-parte & hence if RCR is granted,
(1) Whether RCR will be granted with any conditions ?
(2) Once RCR granted, whether her Maintenance (from seperate MC case under Sec.125) will get automatically cancelled/freezed ?
(3) I have been transferred to other state. With RCR whether she should come to me where I am working now ? Or she has the freedom of being there in my hometown, by just saying "waiting for my arrival" ?
(4) I am ready to reunion & got fed up with all these case formalities. Kindly tell me the negative points of my action.
Thanks in advance...

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 weeks ago

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A. ) If RCR granted then show the copy of order to the court

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Shreyash Mohta

Experience: 1 Year(s)

Responded 3 weeks ago

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A. ) The answer to your questions are as follows

1. If you have no objections then the RCR shall be granted without any conditions.
2. No, if RCR is allowed then it is your duty to show the copy of such RCR grant decree to the court and stop the same.
3. Yes she has full liberty to do it both ways.
4. If you are ready to reunite then I dont think there should be a lot of problems.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. ) Dear Sir,
My answers are as follows:
(1) Whether RCR will be granted with any conditions ?
Ans: Normally it will be allowed without conditions as you have no objection.
(2) Once RCR granted, whether her Maintenance (from seperate MC case under Sec.125) will get automatically cancelled/freezed ?
Ans: no, you have file copy of RCR order and get 125 proceedings dismissed as infractous.
(3) I have been transferred to other state. With RCR whether she should come to me where I am working now ? Or she has the freedom of being there in my hometown, by just saying "waiting for my arrival" ?
Ans: Yes, she can wait for your arrival or get modified order from the court.
(4) I am ready to reunion & got fed up with all these case formalities. Kindly tell me the negative points of my action.
Ans: no, negatives, just reunion with your wife and start new life. All you have to do is give entire salary to her and give her liberty to take all decisions. You just treat your house as PG center. Then you will enjoy the life. Whenever she put a problem before you, then just listen to her pertinently and because she knows the solution. She needs you to listen that sa.

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