1. The worlds useless stuff is called as RCR.
2. Even it is filed there is no guarantee of reunion and a harmony within couple even RCR decree turns to any one of the spouse favour whoever is the applicant.
3. RCR is always a lawyers carnival or you may say a delight to encash money with dragging the case which has no end and no solution.
4. RCR is termed as a Donkey who has no master.
5. Even RCR is filed , she is very much entitled to file 24 HMA on pendancy of any case U/s HMA 1955 and she will simply enjoy the maintenance after dragging the case like a Wife Bonanza from her husband.
6. RCR washes all cruelties of other spouse as it shows that whoever had filled RCR is willing to take his/her partner after ignoring all odds and there is no pain for the applicant to live with his/her spouse even after such trauma.
7. RCR eventually kills the time when a spouse is not ready to live with each other and the ultimate goal is to get rid of from his/her partner.
8. I won't suggest any body to file RCR if he/she doesn't want to continue marriage.It's totally a senseless case which has no legal remedy even after winning and at other end wife is hell bent to harass husband.
As wife can ask maintenance from other sections too even though the husband wins the RCR.
1. Divorce is the ultimate weapon of husband against 498a and DVA 2005 and other false cases on him.
2. Filing divorce always gives upper hand to husband if he sniff the bad chances of getting dragged in false cases in future and he is not willing to live with her wife.
3. Anyhow a husband has to pay maintenance even when RCR is filled then why not to choose divorce if maintenance is no surprise in both cases for any husband.
4. Filling divorce leads a husband an added advantage to show the real picture of wicked wife prior to her false cases against husband.
5. Any contested divorce goes for min. 3 years in lower court then why not to file divorce earlier if there is no way of hope of cohabitation and marital suffering is killing each day to save two lives and also save the much precious time in terms of divorce tenure.
6. If wife files False cases after divorce then husband can easily argue that her all cases has been filed on retaliation ground and there is no reality in it.
7. Divorce is the tit for tat against all false cases of wife.
8. When a husband has no fear from bad laws and biased laws then the ultimate treatment for his sufferings are filling divorce and to never bow against legal extortion and terrorism.
Following are The FAQ :
Q: Does it mean, that simply because a wife filed a RCR, she is a sati savitri? i mean, does it give her a leverage in the subsequent cases like DV and 498 and 125 cases she files?
Opinion: No.My above point was for husband.
Filling RCR by wife also make her to condone all the cruelties and an interest to live with her husband even though he is cruel to her.
All 498a,DVA,125crpc are different and relief and structure of all the cases goes on their own facts and circumstances.
If wife files the above cases simultaneously with RCR ., it contradicts her own statements.
At one side she want to live with her husband and other side she want to send her husband to jail.So, what exactly she want?
Any seasoned lawyer can thrash her false allegations....
So, in my knowledge all the case will fall apart if a wife files RCR and then 498a and then DVA along with 125 crpc.
But at other end,
IF Husband files RCR then obviously he is condoning all the cruelties of his wife and this is because RCR's main aim and objective is to restore the conjugal life of any spouse.
So,if a husband having a wicked wife but then also by advise of crook and greedy lawyer he files RCR instead of divorce or no divorce for just sake of avoiding false cases on him as per the mind wash from advocates.
As these advocates doesn't miss any opportunity to convince their client that "Look your wife is very dangerous" , she can file 498a,DVA and many more criminal cases on you and your parent's & relatives.So,better file RCR right now or else you will be sent to jail. But he don't know that filing RCR against such wicked wife to stop her not to file any cases is worthless and cognizance of an offence is taken then and their itself if 498a is filed.So, mere RCR won't give you immunity against all false cases unless and until the case goes for accquital and RCR case goes till evidence stage.
But once RCR is filled ,which shows that husband is ready to take back her wife even though his allegations against his wife contradicts with his acts.
This gives an added opportunity to wicked wife to harass her husband and she come on last day of decision and sit on the lap of husband and give a witty smile to just avoid RCR decree against her.
She will come to husband home live for another few weeks and again the same story will go on with threats and extortions , till you make yourself stand aloof and know everything , you are dragged in false 498a and DVA and then she will sit at her own parent's lap and laugh on your conditions....
This can be the real situation of any husband who files RCR or take A 498a wife again even though he knows that his wife is unscrupulous women.
So, it's very dangerous when husband files RCR on just word of his advocate and since then he use to roam around court , give fee to lawyer and at last he get's Big GPL..
Hey, Don't over think.....
here GPL stands for Glass phoda Lakh rupee me after khya piya kuch nai
Q: She filed RCR, and the husband, just to avoid maintenance, agrees to take her back. how wise is this typical decision of a husband? i mean in 90% cases i have seen, husbands are willing to take back the erring wife, just to avoid maintenance, how wise is this decision of the husband. because anyway he will have to spend on maintenance in other sections, coupled with daily feeding the cow (wife) so any which ways, he will be spending the money, so isnt it worth paying the maintenance instead, and keeping the headache away from you, rather than avoiding maintenance and keeping the headache in your house.
Opinion: Same as above
Yes off course husband here do blunder mistakes in taking their 498a wife or RCR wife just to avoid JC/PC and maintenance cases .....
But they don't know that 4 days of pain can't be equal to whole life of suffering....
Because a women and a carnivorous animal are same as when ever the taste of blood injected in her soul , she can't be faithful to her own husband or for her own child.
Here blood for women is similar to money.
And for money and for her ego she will again file cases on her husband and her in-laws whenever she will get the chance.
So, dear Harass husband's choice is yours now........
Following are the FAQ on Maintenance Issue:
How can we avoid maintenance?
Opinion: Avoiding maintenance doesn't depend on you. It's totally depend on the other spouse conditions who is unable to maintain herself/himself by all means.
a. If the spouse is literate and working? Do we need to give maintenance?
Opinion: If she is more educated than you then a good argument can lead you to success.
But earning and income is considered parallel to decide who has to get and how much.
b. Does amount of maintenance depends on length of marriage? If the marriage ends within 1 month, how much maintenance can be demanded from spouse?
Opinion: Yes. the tenure of marriage is a crucial factor in deciding maintenance. As less tenure of marriage with no child and chances of re-marriage and to rebuilt the condition of other spouse who is seeking maintenance is considered in such cases.These conditions derives the less burden of maintenance on husband.But Interim maintenance doesn't hold this as it goes parallel to the income and expenditures of each spouse and whoever earns more or crosses 1/3 of income higher than income of other spouse may be liable to pay maintenance.
c. If a spouse falsely blame husband without any proof of torture, does the court gives higher maintenance?
Court always follows natural justice but many times during interim maintenance and DVA cases judges follow their discretion and imparts whatever the situation and prima facie of case suggests. In that case husband has to go for appeal in session court within 30 days to get it aside and make a revision.
Written and Posted By (ESIS)