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Hari Mahato (Finance)     18 February 2016

Can one file divorce and rcr together?

Dear memebrs of the  Lawyers Club of India,

I hope it going well with you. I have a question regarding my divorce case. I am male (33) from Bangalore and I have been married since one and half years. It was an arranged marriage. Our married life has never been a smooth one, since the first day. My wife used to fight, quarrel even run away from home on many small issues like I should not call my father, or to my sister or any other friend but when it comes to her family she was always fine. On several occasions she used to threaten me that she will file cases againtst me in court and will drag me and my family to jail. As my mother is no more, my retired father lives alone, she even suggested me not to look after him or to give him money and fought with me on several occasions about that but I kept  being comprising with the situation with a hope that she'd change. We usually stay in banaglore and came to Bhubneshwar to visit my father and family, it was then she created a huge scene in our house, threw almost everything and ran from home again to some of her relatives living in BSWR. I did accopmany her till her relative's house and fearing if they'd call police or so, I came back. Next day, they came with their entire family and started using foul and abusive words and in every 5 minutes threatened me to have me arrested by police which they eventually did. I however at no point said that I will leave her or do not want to keep her with me. I kept telling her to stay there with me and not run like that but she and her family's points were to leave everyone and go live with her alone. They called the police. We went to the police, they lied as much as they could to the police but the police found their arguments not consistent and did not arrest me. However she registered a GD against my family. I kept requesting her in the police station to return home as she was also 3 months pregnant but she ignored my pleas and went with her parents. I was disappointed that not even policemen can do anything in this situation. I made a general diary about this whole scenario happened at our home to the police station. I also learnt in last one year that she has dual personality disorder, anger issues and tried to commit suicide when she was young and according to her father she used to take psychaitric medicines which he hid from me and did not tell me. Since it has been going on for last one year and she or her family did not change. Their condition is play by our rules or get ready for 498a, DV, 125 and so on. She wrote many e-mails, text messages, phone calls threatening me of dire consequences, ruinning my career, putting me in jail,  try to commit suicide, kill the feotus, abusive languages and so on. You'll be surprised that an indian girl can use those words. I made up my mind and finally I filed for the Divorce. Sorry if I bored you with this pitty story of mine. Now, my question is: since she left home and did not return although I kept requesting, would it be sufficient for me to file for the divorce only ? Should I also file RCR against her ? Also, would RCR render my possiblity of paying maintenance or alimony ?

I would be thankful for any helpful comments. Thanks.



Learning

 1 Replies


(Guest)
Originally posted by : Sameer
Dear memebrs of the  Lawyers Club of India,

I hope it going well with you. I have a question regarding my divorce case. I am male (33) from Bangalore and I have been married since one and half years. It was an arranged marriage. Our married life has never been a smooth one, since the first day. My wife used to fight, quarrel even run away from home on many small issues like I should not call my father, or to my sister or any other friend but when it comes to her family she was always fine. On several occasions she used to threaten me that she will file cases againtst me in court and will drag me and my family to jail. As my mother is no more, my retired father lives alone, she even suggested me not to look after him or to give him money and fought with me on several occasions about that but I kept  being comprising with the situation with a hope that she'd change. We usually stay in banaglore and came to Bhubneshwar to visit my father and family, it was then she created a huge scene in our house, threw almost everything and ran from home again to some of her relatives living in BSWR. I did accopmany her till her relative's house and fearing if they'd call police or so, I came back. Next day, they came with their entire family and started using foul and abusive words and in every 5 minutes threatened me to have me arrested by police which they eventually did. I however at no point said that I will leave her or do not want to keep her with me. I kept telling her to stay there with me and not run like that but she and her family's points were to leave everyone and go live with her alone. They called the police. We went to the police, they lied as much as they could to the police but the police found their arguments not consistent and did not arrest me. However she registered a GD against my family. I kept requesting her in the police station to return home as she was also 3 months pregnant but she ignored my pleas and went with her parents. I was disappointed that not even policemen can do anything in this situation. I made a general diary about this whole scenario happened at our home to the police station. I also learnt in last one year that she has dual personality disorder, anger issues and tried to commit suicide when she was young and according to her father she used to take psychaitric medicines which he hid from me and did not tell me. Since it has been going on for last one year and she or her family did not change. Their condition is play by our rules or get ready for 498a, DV, 125 and so on. She wrote many e-mails, text messages, phone calls threatening me of dire consequences, ruinning my career, putting me in jail,  try to commit suicide, kill the feotus, abusive languages and so on. You'll be surprised that an indian girl can use those words. I made up my mind and finally I filed for the Divorce. Sorry if I bored you with this pitty story of mine. Now, my question is: since she left home and did not return although I kept requesting, would it be sufficient for me to file for the divorce only ? Should I also file RCR against her ? Also, would RCR render my possiblity of paying maintenance or alimony ?

I would be thankful for any helpful comments. Thanks.

RCR = Darling come back.

Divorce = Dont come back.

 

As you have already told her dont come back, how can you file darling come back?  Both are contradictory.

 

Filing divorce was wrong move, you should have filed section 9, which is RCR asking her to come back, won your RCR and then filed divorce based on it.  Even now, withdraw your divorce petition and file RCR, win it and then file divorce, as that gives you legal ground for asking divorce and court cannot deny divorce to you as you have won RCR.

 

If she is working woman, she wont get maintenance.

 

Going by book, divorce take 7-8 years.  Better get mutual by asking her, give her good cash in lumpsum and get rid of her.

 

Forget kid. Go into livin relations, enjoy while it lasts, fck marrage.

 

Or bring her back, agree to all conditions of hers and her parents and lead happy(whatever happy means to you) marital life.  All the best. 


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