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Author Topic: Advice on Rcr filing  (Read 1198 times)

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Offline pavvan

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Advice on Rcr filing
« on: April 28, 2016, 01:42:56 PM »

Wife (working post graduate) left matrimonial house 6 months back and then wife and in-laws started framing new family life adjustment (timing, food, privacy, etc) issues as rude allegations on  husband family members, husband has been trying for mutual settlement, wife disappears and no contact from past 6 months, and in-laws not responding for any settlement. Please guide in following questions:

1) Is it advisable for husband to file rcr now or after one year of physical separation? (For avoiding the dvc filling by wife once rcr is filed)

2) Benefits of filing pre litigation case before filing rcr?

3) If mediation is failed/not attended by respondent at pre litigation stage, and once after filing rcr by husband does court again sends it for mediation?

Thanks in advance,

Offline advarjun

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Re: Advice on Rcr filing
« Reply #1 on: April 29, 2016, 01:30:36 AM »
File for pre litigation meditation in high court that's the wisest thing to do as of now
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Offline advjaibansal

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Re: Advice on Rcr filing
« Reply #2 on: April 29, 2016, 01:40:22 AM »
Dear Sir,

You may file RCR petition for restitution under section 9 of Hindu Marriage Act but that may not prevent or stop the filing of the DV or criminal case for dowry harassment against you. Certainly you may tell the court that before filing any case, your endeavour was to call back your wife and you wish to work out the marriage.

Pre-litigation mediation may not be possible as wife is untraceable and unapproachable. For mediation or settlement cooperation of both the parties is must.

jai bansal
advocate, new delhi
supreme court of india
jai bansal
Advocate, New Delhi
Supreme Court of India
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