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(Guest)

Can i file divorce case on the ground of desertion..

I have already filed the RCR and it is my favor, next date for exparte date.
Wife advocate Once appear and after that avoid court date 4 times. Wife come frequently to my house and blackmailing me and left house without my consent. Have tried suicide after RCR to enter my house.

Can I file Div case on the ground of desertion to cancel RCR before exparte. 



Learning

 4 Replies

Tajobsindia (Senior Partner )     11 September 2014

1. No.

2. Infact seek ex parte RCR and execute in one year and if she still fails to re-join you then based on clear RCR execution seek Divorce. 

3. I fail to understand why you filed RCR when wife is already making attempts to come to matrimonial home as told in your brief? 


[Find reason of her constant leaving without consent matrimonial home and fine-tune such events for better future if RCR is filed by you. Ideal would be to seek marital counseling to tweak marital lifestyle by both of you instead of investing time in Courts.] 


[Last reply]


(Guest)

Sir Tajobsindia,

She already returned and blackmailing me, not bring our all jewellers which she had took when she left maternal home before RCR. Now try to stolen child birth certificate, left home daily 4 hours without asking or telling any one of our family. Try to destroy our social status, left marital home every month to her mother home showing some cause and conjugal relation totally destroyed.

At this situation what will do with RCR exparte decree ?

2 years ago I had file a GD to our PS when she left home after suicide threat.

Is it not better to cancel RCR and file divorce mentioning all after RCR petition she play with me and Law. Because she avoid court and come marital home and try to suicide,  destroy social our status, tthreatened me by Police.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     11 September 2014

Yes u can file but first u will have to withdraw the RCR Petition.


(Guest)
Originally posted by : RAKHI BUDHIRAJA

Yes u can file but first u will have to withdraw the RCR Petition.

Rakhi Madam,

Can I use Police GD filed by me more then 2 years ago when she had left home without my consent as evidence of Desertation though after that she have returned but again left after few months and I had file RCR.


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