Can i file rcr after 2 years of wife leaving matrimonial home
SHRIKANT
(Querist) 09 March 2013
This query is : Resolved
Hello Sir
Myself from Mumbai married in June 2006 . Wife has left matrimonial home in Gujarat since Nov 2010 alognwith 5 year old son. Even after trying several ways by family friends she is not ready to come back . I sent a legal notice in Aug 2011 asking her to come back .But she file CRPC 125 of interim and final maintenance in sessions court of Gujarat. She has been asked to come before court for putting her say but shes not appearing in Court since last 6 hearings and my lawyer is not helping me much . Now after 2 and half years of separation all relations are dead and i want to start new life. However i know if i file divorce i will not get it since it would be contested by wife. So , should i file RCR at this stage since i know she is not going to come back again. Will i get RCR since i have tried many ways to call her back even i tried through Social community way. Putting this case from Mumbai or Gujarat would be helpful ??
ajay sethi
(Expert) 09 March 2013
you cant force your wife to stay with you . if she dosent want to stay with you RCR would be useless .
filing for divorce would be better . since you are staying in mumbai you cna file it in mumbai but your wife may take out a transfer petition in SC for having case transferred to gujrat wherein she is presently staying .
V R SHROFF
(Expert) 09 March 2013
File Divorce Petition on Desertion and Cruelty Ground at Gujarat.
"CRPC 125 of interim and final maintenance in sessions court of Gujarat" cannot be clubbed , as Div is civil matter. [Uually 125 is JMFC Court] However it is ok, if it is District HQ.
Later Div Pet can be converted to MCD if settled.
Raj Kumar Makkad
(Expert) 10 March 2013
There is no legal hurdle to file such petition even as on day.
