Dear Experts,
For the past one and half years,My wife deserted me with child.I have sent a legal notice and filed RCR before 5 months(March 2014).For the first hearing she came and we had a Counselling.She told she needs time to think and she cant join immediately.For the second hearing(Sept 1st,2014), she didn't come and her advocate attended and told she is not well.In the mean time,After the first Counselling, I was begging literally to join together and show my child to me through SMS. She replied me back in SMS the following contents with some false blames on me:
1. If baby is with me only you will turn my side
2. You hit me and scolded me, so am waiting for one year to take revenge on you.Still more are waiting. eg. Baby's B'day
3. How can you expect me or my parents to invite you or ur parents for our sons b'day?
From the above messages, anyone can understand that she celebrated my sons (first)bday with out inviting me or my parents.Last month my sons second B'day has also been celebrated without(intentionally) me as she told in the SMS. She deserted me for more than one year and separated me from my child. Which really put me in a great mental menace.Now I have lost the confidence that she would come back and we would live a happy life.
Please suggest me can I withdraw the RCR and go for Divorce on the basis of desertion,mental cruelty,separating my child from me.How far the above SMS evidences helps me?
Below is my old post of my full story:
https://www.lawyersclubindia.com/forum/Separated-wife-with-child-from-husband-103355.asp