Rcr pending in court and wife not appearing in court. what to do.

Querist :
Anonymous
(Querist) 26 August 2011
This query is : Resolved
Dear Sir,
My wife is staying at her parents house for last 1 year and i have filed a RCR. For the last 3 hearing, she has not come and judge has done a the case as ex-partie.
Also in last one year, i have gone multiple time to her parents house to take her back and every time she says she is ready to come but will come in some time or so and things are passing like this.
I have one 9 month old son, and i want to take custody of my son.
My lawyer advised to file a case of child custody n next hearing of RCR when i have to appear.
I want to get rid of her but want my son. Please suggest.

Guest
(Expert) 26 August 2011
file a execution petition to execution to the decree passed in RCR. definitely she will refused to co habit with you. Then go for divorce on that ground. in that petition you can also file guardian/possession of the child.
prabhakar singh
(Expert) 26 August 2011
Agreed with what is opined by Experts.