Summersail (Service) 01 June 2013

Rcr to divorce

Hi All,

I had filed RCR last year which was on councellors desk so far. My wife left me and showing no intention to return and join my family. On the other hand my father in law is a bully person who is also enjoing troubling me and my family by keeping her away. So far, They have not done anything wrong with me apart from several threats, insulting my parents, and going to meet my relatives and spoil our image.

Their main intention behind it is they want me to stay separated with her.

My problem is my parents are old and get sudden health issues, Staying separated may cost me life of one of them in any unfortunate incident. They are old and need my support. To make their point strong they have started blaming usual allgations like, Beating, Dowry and my parents were torturing her.

All of this went on so far in councellors cell. Hence, I have decided that it is beeter to move ahead with divorce because I dont feel my future is safe with them.

Note:

* Our marriage lasted only for 2-3 months. She is not staying with me since last 8 months.

*I have bundle of Documents to prove my father's health issue.

*I also have a recording on my laptop where my father in law threatning my father That what the sourt's piece of paper will do?? Keep my daughter separated. if you dont have money, come and take her when you have enough money to stay separate.

My queries are as follows:

1) I will be attending first date of court for my RCR very soon. What happens on the first day of hearing?

2) Is it possible to change my RCR to divorce petition in the same courtroom? Basis will be she is not ready to come to join me so far hence I wish to move ahead with divorce.

3) If my wife is not ready for Divorce how soon my divorce will be legally aproved by Court?

4) I heard that High court has ordered family court to clear the verdicts as soon as possible. How much maximum time is granted for a divorce case?

5) are there any petitions my parents can file to safeguard my custody as their support? Any NGO who can step ahead and help us for that?

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2 Replies

SRISHAILA.DHARANI (Advocate&consultant) 01 June 2013

1) I will be attending first date of court for my RCR very soon. What happens on the first day of hearing?-- SHE HAS TO APPEAR BEFORE THE COURT.OTHERWISE, SHE WILL BE PACED EXPARTY,PROVIDED SHE HAS BEEN SERVED THE COURT NOTICE.

2) Is it possible to change my RCR to divorce petition in the same courtroom? Basis will be she is not ready to come to join me so far hence I wish to move ahead with divorc ---DONT CHANGE IN TO DIVORCE, LET IT BE LIKE THAT ONLY,BCZ WHEN YOU GET THE DECREE OF RCR , AS SHE WILL NOT ATTEND THE COURT,[PRESUMING] , THEREAFTER, YOU FILE FOR DIVORCE , ON THE GOUND INSPITE OF THE COURT ORDER SHE HAS NOT LOINED YOU. OTHERWISE, IF YOU CHANGE FOR DIVORCE, YOU HAVE FACE MANY TYPES OF CASES FROM HER LIKE 408A, DP ACT, DV ACT ETC.

3) If my wife is not ready for Divorce how soon my divorce will be legally aproved by Court?--- MINIMUM TWO YEARS.

4) I heard that High court has ordered family court to clear the verdicts as soon as possible. How much maximum time is granted for a divorce case? -- MINIMUM TWO YEARS

5) are there any petitions my parents can file to safeguard my custody as their support? Any NGO who can step ahead and help us for that? -- NO. BUT YOU CAN TRY UNDER GWC ACT BEFOPRE THE FAMILY COURT

SRISHAILA,ADVOCATE,BANGALORE,9741425514,sdharani120@gmail.com

1 Like

Summersail (Service) 03 June 2013

Hi,

Thnx a lot for your reply. It is really helpful and informatine.

In my case, My wife is attending all dates. She is ready to contest as she is really egoistic.

So My RCR my end soon hopefully.

Can you please guide me about the GWC act. I tried to google it but unable to get any details.

Thanks again...