Kindly advise in confusing phase
loksloksloks
(Querist) 29 December 2013
This query is : Resolved
Hello all,
I am Confused with below situation, kindly help me to take decision.
Background.:
I have filed rcr before one year and got an interim order to meet my child however my wife failed to follow order. She is away from me with child since 2.5 years since child's birth and looking at her reaponse doesn't seems intrested to come back. She never pick up my phone too. She has lot of conditions to come back home which are not all accepatable. Althogh I feel that she is lying it becoz once when I asked about divorce she immediately said yes for divorce. Later she changed her word in front of hon. judge.
Now 2 things are there to choose and became difficult to decide:
1) go with decree from RCR with child access and wait for one year to take divorce. Becoz as per her behavior I don't think she will come back even after decree.
2) withdrawal of rcr and file new perition of dv but not sure if my rcr period and order will be considered there and not sure how much time it will take for devorce.
What you all think, please suggest which point would be better at this stage.
Kindly advise if you have any other suggestion
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
You have stated to have been living separately for more than two years and the RCR is still going on. What is the use of wasting your time over the waste product called RCR because even if you get a decree in RCR case in your favor, you cannot compel her to come and live with you and if she is not coming back within a year, you are eligible for filing a divorce case. Now, suppose your RCR disposal takes another 6 months to one year period and after that you wait for one more year period to file a divorce case in case she does not turns up respecting the court order, your will be filing the divorce case, who knows that how long that divorce case will take as well, thus you will be losing all your valuable and precious time running to court and back only instead of pursuing your career aspects plus what a waste of time, instead I personally feel that you may withdraw the RCR immediately and file a divorce case on the grounds of desertion and cruelty for the relief. You can also file a petition for visitation rights to visit your child periodically in the divorce petition itself.
Dr J C Vashista
(Expert) 30 December 2013
1) Go with decree from RCR with visitation rights of your child and do not waste time
2) Do not withdraw rcr, after decree if she prefer to stay away it will be another evidence for desertion vis-a-vis divorce.
loksloksloks
(Querist) 30 December 2013
Thanks for your inputs I would really like to see few more openions from other advcts as well. It is helpful to decide things.
Just a question: while doing strikeout defence in rcr can I add this cruelty and desertion ground and cab i request to hon. Court consider this and allow me to take divorce.
ajay sethi
(Expert) 30 December 2013
repeated query
Rajendra K Goyal
(Expert) 30 December 2013
For repeated query, no reply:
http://www.lawyersclubindia.com/experts/Kindly-suggest-rcr-444141.asp#.UsEbS7SLq_I
Dr J C Vashista
(Expert) 01 January 2014
I wish happy new year to all members.
