Regarding RCR - Its urgent

Hi....Can anyone kindly reply....Its very urgent and I am looking forward to make a correct move. I am in exteme pressure because of my job and I really want to know if RCR will help or will increase my pressure in terms of leaves and duration.

Respected Experts....Kindly suggest....Its very urgent.

PC,

First of all, I would like to advise you to please be specific and clear while writing your problems. It is not very clear if you really want to stay with your wife or not.

Anyways, replies to your queries -

I want to know from expert if an RCR is a good option?

- Yes it is a good option provided you also want to stay with her. But please do not forget that even if the court passes the RCR decree in your favour then also nobody can force your wife to stay with you without her consent.

If yes then how long can it take for a decree? 

- anywhere between 1 - 3 years time.

....so that If I get a decree then.

1) Either she would have to return

- As I told you nobody can force your wife to stay with you without her consent.  But if she doesn't come and join her matrimonial home then you can file for divorce after 1 year of getting RCR decree in your favour.

2) If not then I can use it to dismiss her 125 case

- Yes. If you get RCR in your favour then you can show it in 125 case and your wife will get zero maintenance. But , you will have to pay maintenance for your daughter.

3) Otherwise I can use it for divorce as I am sure if I would ask for a mutual concent divorce then they would demand even greater sum of money.

- Yes, as stated above, use the RCR decree for applying divorce after 1 year.

My advice -

First of all, make up your mind. DO you really want to stay with her or not? Clear all the doubts and then only proceed.

If you really want to stay with her, then better option will be to have a meeting with elders of both the sides, solve the issues amicably. Meet some marriage councellor to save your marriage. Both of you will have to compromise for the sake of your daughter. Talk to her directly if you really want her back. Filing RCR or court cases sometimes worsens the situations. It then becomes a fight of ego between parties. So think carefully.

If you do not want to stay with her, then ask her for mutual consent divorce. No use of waiting and fighting cases for several years. You are heart patient so think about your health and career. 

Hope this helps! 

Thanks a lot cool....To clear my position....I would like to let the community know that I would like to stay with my wife (even though she has filed all false cases against me) just because I don't want to spoil my daughter's future & life......However if she doesn't agree (and continue her demand for money to come back..which I am not ready to fulfill) then I want divorce....and that is the reason I want to know about RCR.

I would appreciate a lot if you could provide some more light on...

1) RCR proceedings...I mean if I file it then do wife need to provide proof of cruelty so that I don't get the decree or I need to provide any evidence.....I want to know how the procedings go....does it require lawyers or one to one counceling happens.

2) Is there any other way for divorce?...She left my home before three months and have filed 498a,325,DV,Dowry prohibition act, 97, crpc 125 etc against me and my family.....Can I get divorce based on these cases and my medical conditions even without filing RCR?.

Kindly reply....

Updates.....

Just yesterday when I called her (at my in-laws home) as It was my daughter's birthday....She told me that if we won't put deposite on her and my daughter's name then they would file domestic violence case against me and my family (they have already filed 498a,325,125,97,dowry prohibition etc cases) and also told that in that you would have to give me maintainance and other compensation along with accomodation.....

I wanted to know from my learnt friends that whether court would ask her to proove cruelty before granting any assistance to her in DV case or simply go by her words (125 crpc has just begun)?

Kindly reply as I am deeply terrified and its very difficult for me to keep my mind in peace.

Though I have asked all the respected experts man a times.....i guess no one is interested in answering.....hence I have just final question (if some one can be kind enough to answer)....

My wife has filed 498a...attempt ot murder...Dowry prohibition...125 CRPc...section 97 etc cases against me and family.... (Chargesheet has been filed in criminal cases...and in 125 crpc only one hearing has gone)

now wife/inlaws and her lawyer (assuming that 125 can take some time) are aking for 10 lacs to settle the matter and threatening that otherwise they would go for DV case against me and my family....

I am earning decent salary but liabilities (home loan EMI) are approx half of my income and other expenses (as I am a heart patient) like medicine, home rent, fooding are extra. I don't have any property except the one home for which I am paying the EMI....I fear due to this disturbance and/or otherwise I may loose my job (As wife and her lawyer are threatening that they would send summons for DV at my company which may cause loosing my job).

I am feeling terribly helpless and depressed...kindly let me know if I should pay the money to them and settle the matter or there is some other way out....then what if she files DV against me?