Filing of rcr or divorce first
Querist :
Anonymous
(Querist) 18 November 2020
This query is : Resolved
Sir actually we have been married since february 2020,wife has stayed with me and my parents for 3 days and stayed for 20 days in my village,she has gone to her home since june early and not returned,she has blamed my mother and myself and thats why we had verbal fights over phone and their family has used very fowl words for my entire family
We have not had any contact since 5 months now.
Actually i did not want to live with her anymore,so what should i do,go for rcr or divorce,as they are threatening us to file false cases
There have been no news from their side and they are pressing me to leave my parents and settle there which i have denied
Isaac Gabriel
(Expert) 19 November 2020
Filing divorce is the immediate solution else things will be.turned against you by hook.or by crook.
Sudhir Kumar, Advocate
(Expert) 19 November 2020
try peaceful reconciliation.
RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.
This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.
Advocate Bhartesh goyal
(Expert) 19 November 2020
You should opt RCR first as it not only save your matrimonial life but also protect you some how consequences of cases u/sec 498A IPC and Domestic Violence Act.
Guest
(Expert) 19 November 2020
Well Advised by Advocate Mr.Bhartesh Goyal. Apart from that a Divorce Case can not filed with in one year of marriage, It Can Not Be Done Immediately as advised by Mr.Isaac and it could be done only in Exceptional Cases with the Consent of Concerned Court.
SHIRISH PAWAR, 7738990900
(Expert) 19 November 2020
Hello,
Filing RCR is the only option for you as there is no desertion and cruelty as per the case stated by you. Meanwhile, try to amicably settle the issue by involving parents of both sides. Or convince them to divorce by a one-time settlement amount.
Rajendra K Goyal
(Expert) 19 November 2020
Try to have amicable settlement, through away ego and try to save marriage.
Once case filled, it would ruin peace of mind.
Mutual consent Divorce can be filed after two years of marriage.
If amicable settlement is not possible, move as advised by expert Advocarte Bhartesh goyal.
P. Venu
(Expert) 19 November 2020
Legally RCR is the best option. However, it could be counter-productive. The facts posted do not disclose any cause of action for seeking divorce, except by mutual consent.
