Legal Question in Family Law in India

i wish to file an RCR petition because my wife has separated from me for last 9 months with my 4 yr old daughter without any sufficient grounds to do so. she has filed sec 97 & 125 against me just because i got the kid to stay with me for a few days. the child has been returned also. we challenged the 97 sec in highcourt to quash it and the high court gave interim order on the condition return the child as it is below 5 yrs and female and stayed the order of the lower court.

besides, she has also filed a baseless police complaint against me & my family members of mental cruelty & also that we committed robbery in her house when we last when to visit the kid and were forced to leave her house with the child due to violent conduct by her father.

is RCR now a viable aoption? if i file a police complaint agaisnt her father for having launched a physicall assault on me (which is the fact), will it prove to be counterproductive & go against me? can she ask for change of jurisdiction for the RCR as we stay in separate cities of the same state & had got married at a 3rd city? please give advice.


Asked on 8/30/10, 4:25 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

RCR seems to be a better option.

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Answered on 8/30/10, 10:03 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

yes you must file RCR in such circumstances

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Answered on 8/30/10, 11:33 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

RCR is not a viable option. Instead, you should try for an out of court settlement.

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Answered on 9/06/10, 1:34 am


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