Advice about as per law
M Selvasekaran
(Querist) 08 January 2015
This query is : Resolved
I have lodged a RCR Case in Tamil nadu before 1 year, in RCR case My Wife tells in Court that she is ready to live with me. On August I have got decree that she has to come to live with me in my working place (Rajasthan) , First She tells that on Deepavali leave she will come , Then she tells that on Jan 15 I will come to rajasthan, At present She is telling that after May 2015 she will consider about coming with me Surely She is not telling about coming, Now 5 months have gone after getting verdict & Decree Till now she is denying to come with me. Can I put Divorce Case or after how much stipulated time can I put divorce case against her. Pls Clarify sir
Isaac Gabriel
(Expert) 09 January 2015
Issue notice and file the case for divorce again.
Guest
(Expert) 09 January 2015
Well Advised by Senior Expert Mr.Isaac Gabriel
Anirudh
(Expert) 09 January 2015
It is not clear how long you have been married.
Whether you were working in Rajasthan prior to getting married?
Whether she ever lived with you in Rajasthan earlier and if so for how long? Further more, what is the reason why you had to go for RCR?
So long as your wife says that she is ready to live with you, and unless you have any other ground, I am afraid, you will not be able to succeed in your divorce petition. In any case, instead of simply going on insisting that she should come and reside with you at Rajasthan, you should also try to find out what is her concerns. Is she employed? Is she educated? Has she any child to look after? Please appreciate that in married life lot of give and take is necessary. It is not one person's insistence that a particular thing should be done only in a particular manner or at a particular time. With this rigid attitude anybody will think twice before coming and living at a far off place.
Guest
(Expert) 09 January 2015
Dear Author Your Wife had Not Honoured her Commitment to Court Irrespective of any thing which she should have Informed the Court at the Time of her Readiness to Live with You in Court.Now Serve Legal Notice and Proceed as advised.
ajay sethi
(Expert) 09 January 2015
dont rush in filing divorce case . send her mail or letter requesting her to rejoin you . that you want your marriage to succeed . you have not answered queries raised by Mr Anirudh as to whether your wife is working or not and whether you have any child from said marriage
Rajendra K Goyal
(Expert) 09 January 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Advice-about-divorce-516851.asp#.VK-O4snhWv8
M Selvasekaran
(Querist) 09 January 2015
she is not working, I am married 4 1/2 years ago . i HAVE ACHILD OF 3 YEARS
Anirudh
(Expert) 09 January 2015
What about the other information asked for?
M Selvasekaran
(Querist) 11 January 2015
I am working in orissa before marriage & Upto Jul 2014 & From Aug 14 onwards in Rajasthan, Because i am a Central government employee. she has studied upto 12th & Now i came to know that she applied for Distance education ( BA)
She doesnt live with me in rajasthan.
But she has lived with me in orissa upto May 2013. nearly After 10 months that is on Mar 2014 i filed for RCR & I got decree on Aug 14 , Because at that time she told in court she is ready to live with me . at that time i doesnt get Qtr also, so she & I accepted in court i will be taking them on Deepavali leave of 2014 , But Now she is denying to come with me. I have consulted my lawyer & He has spoke with my wife's lawyer also to solve the issue, But both the lawyers is telling from the speech of my wife is she is not ready to leave or live with me .
T. Kalaiselvan, Advocate
(Expert) 13 January 2015
You can very well send her a notice to rejoin you as per the court verdict on RCR, if she is not obliging , you may, after one year of RCR Verdict in your favor, can file a divorce case on the same ground.
M Selvasekaran
(Querist) 16 January 2015
Dr JC Vashistha - No Reply means Dont know Answer. Its not a repeated Query .No problem, Details have been Given as per asked by Shri Anirudh sir have been asked for my ist query
