RCR is a strategy. aka RCR before the enemy acts

Dear _Pre_498a_Hubby_


Sad to hear your story

>
>1. Should I send a RCR to her at this stage?
>


Filing for RCR is NOT just a legal process. It is a strategy

While The general advantages of RCR are mentioned here, http://batteredmale.blogspot.com/2007/05/about-rcr.html or here http://tinyurl.com/29llmn   .... One should be clear ABOUT one's strategy BEFORE filing RCR

- DO YOU WANT your wife BACK ?

- Let us say you file for RCR thinking that the RCR will give you legal advantages, IF the wife appears in court AFTER your RCR and claims that she will return and live with you, are you ready to tolerate her should she come back ?

Also note that we ask people to file an RCR, MAINLY to prove that (a) the husband is NOT the one sending the wife away, & (b) it was wife you placed un reasonable conditions and left the matimonial home !!

>
>2. Does the legal importance of RCR notice
>decline if it is sent after she files for
>divorce?
>

- NO. It does NOT diminish just because wife filed for Divorce. In fact your counter (or reply) to a possible divorce filed by the wife can be in the form of an RCR. You can refuse every one of her claims for divorce and see restitution of conjugal rights.

- Also, you can always file an RCR and state that you cannot forsake your parents.... BUT....BUT .... should your wife return back and create MORE problems for you at your present home are you mentally and socially ready to face that ??

These are the issues to be thought of BEFORE filing for RCR

However the benefit of an RCR WILL diminish if it is filed AFTER wife files a 498a - because many courts would look at that as a counter action / reaction and NOT a genuine case


>3. Considering that we were in
>_City_I_Live_in_ all the while (except for a
>joint trip to _Wife's_Parent's_city_ for 5
>days), can she file criminal cases in
>_Wife's_Parent's_city_?

There is ALWAYS the stupid possibility that the woman will and can file a FALSE 498A case in _Wife's_Parent's_city_, on a date you were NEVER there - stupid but has happened due to the terrible situation in our country - the logic or lack of logic here is that IF the WHOLE case is false, why can't the incident date be false ? it can ... sadly though

THERE IS ALSO the possibility that she will use your short visit to _Wife's_Parent's_city_ and file a case using that date



some miscl issues

>
>- Her jewellery (possibly fake?) is still
>lying untouched in a locker in
>_City_I_Live_in_. She did not claim it even at
>the time of leaving _City_I_Live_in_.
>

Who was operating this locker ?

Hope the bank has a clear record of who operates it ?

Hope she cannot unilaterally OPEN the locker and disappear with the fakes and come claiming for real ones tomorrow ??


More after hearing from you

>
>
>"________" <__________@...> wrote:
>
>Here's my story in brief:
>
>- Wife moved to _City_I_Live_in_, where I
>stay, after marriage on Mid 2006.
>
>- No dowry was taken, nor any demand made by
>us at any time.
>
>- Wife picked up job in _City_I_Live_in_ in
>later ___/2006.
>
>- Separated on Late____/2006, and she moved to
>an apartment in _City_I_Live_in_.
>
>- After separation, I made 2-3 attempts over 2
>months to get her back
>
>- Wife refused to return, asking for separate
>residence.
>
>I did not give in to demand, since my mother &
>sister stay with me.
>
>- Wife Quit her job in end 2006, and moved
>back to parents' home in _Wife's_Parent's_city_.
>
>- I wrote a letter to her father in early__/
>2007, highlighting her bad behaviour.
>
>- Got a legal notice in return, with wild
>accusations (dowry, ..... etc etc etc.)
>
>Notice offered divorce by mutual consent in
>exchange for 'suitable' maintenance.
>
>Else, it said that she will file for divorce
>in court.
>
>- I replied through my lawyer denying her
>allegations, asking her to return. Also
>mentioned that I am willing to discuss divorce
>if she is adamant. Rejected her claims of
>maintenance.
>
>- My lawyer's reply reached her on Mid ____
>2007. No response from them yet.
>
>- Her jewellery (possibly fake?) is still
>lying untouched in a locker in
>_City_I_Live_in_. She did not claim it even at
>the time of leaving _City_I_Live_in_.
>
>Need some suggestions here:
>
>1. Should I send a RCR to her at this stage?
>
>2. Does the legal importance of RCR notice
>decline if it is sent after she files for
>divorce?
>
>3. Considering that we were in
>_City_I_Live_in_ all the while (except for a
>joint trip to _Wife's_Parent's_city_ for 5
>days), can she file criminal cases in
>_Wife's_Parent's_city_?
>
>4. Any other thoughts/suggestions?
>
>Thanks, and regards,
>
>_Pre_498a_Hubby_
>