Divorce

if she wish to join you she need not wait for rcr decree she can file a dv case and claim for a residential order against you

If the wife wants to go back to heer husbands house then why would she contest the RCR? She would just come to court , give a statement and he court will direct the parties to go back together.

Mr Saravaran is also right regarding the domestic order

what exactly you need and who guided you for rcr for this you have to wait another one year if wife does not return to you to stay and in your case already she is willing to stay with you 

RCR can not be filed with wrong intention, if the wife is willing to return then the court have power to pass an order and both have to live together, the husband can not say that he think that she will not appear before this court and he get an exparty order and after that he file for divorce and get the same.

If he think that there is any chance that she may return to live with him and he is not ready for this then filing the RCR is foolishness.

Thanks for all your advice.

As a matter of fact the thing is that husband have tried his best in persuading his wife to return. But wife is not ready to come and she is keeping on giving lame excuses every time but not cohabiting. They are staying like this separately for 4 years now. They have one son aged 4 yrs and staying with his mother. Husband is getting deprived of his married life, conjugal life & fatherhood. Wife not willing to give  MCD. Husband adviced by his friends and even some legal experts that if he files for divorce case directly then he might have to face for false 498a, DV case, Crpc 125 etc. Husband may have to pay heavy alimony and then also not sure will get divorce decree or not from the Court.

So husband have been adviced by his friends & legal experts to file RCR and most likely wife will not contest or nor willing to return. As it have been 4 yrs long Husband also lost his feelings for his wife now. So if wife doesnt contest then husband will get RCR exparte decree and on basis of that he can file for divorce which will be advantageous for the husband. 

If the wife contest for RCR or if she wants to return then it will be seen at that time.i.,e. as per situation develops that time.

Apart from RCR what are the other options left for husband to get divorce decree without or with very less hassles and without or with paying minimum alimony or maintenance.

Please advice.

She had not filed for maintenance.  She had not filed for divorce.  She is taking the responsibility of your kid on her own.  She is a nice person.  And husband is sitting at home with a schizophrenic mind what happens if she files 498A.  And he is contriving how to get rid of her cheaply even before she made any claim for maintenance.  You see dear.  Hell and hell are not 3000 km above earth.  They are in our minds. 

I tell you something.  In this situation, you have to make a SWOT analysis.  Some people call them, the sick theories that Western countries brought into India. 

You know how a Americanized mind thinks?  It makes SWOT analysis.

If I throw stone in still waters, I don't know what the reaction will be.  It does not even appear like normal water but filth.  If it reacts against me?  My dress will be dirtied.  If she contests RCR, she can have an opportunity to file for maintenance in the same written statement in which you filed RCR.  You have to then, pay for maintenance for both wife and kid.

If she does not contest and you succeed as per your plan to get divorce on the ground that one year had passed off since the order of RCR there is no response from her then also, if she decides to remain unmarried forever, even if you are married you have to keep paying maintenance to her and your kid that is in her care. 

So, to throw the stone in filth or not?  If you throw the stone, she may ask for maintenance for herself and kid.  Or even file 498A.  If you do not throw, she may remain calm and live her life.  But that will not help you to marry another woman.  So if you want another woman, you have to be ready to pay her.  If you don't want to pay, you have to live suppressing desire for another woman.  You are in a fix. However, it is also true that if you want to live with another woman, she may react by trying to impose the punishment of making you pay for maintenance out of feeling of vengeance.  If you don't marry, she may live the life of dignity as she is living now without expecting anything from you.

For the pleasures you are eligible to enjoy in life you have to pay to her?  How bad.  But that is reality of sick Indian laws...

You want to love with her or want to get rid of her?  You could have filed a divorce case directly instead of filing RCR(?), even now you can withdraw the RCR and file a divorce case. Consult your advocate on this.

Thanks for your advice.

Husband have got a great feelings for his wife but the wife took advantage of that and blackmailing emotionally. Wife on her own desire went to her parents house and staying there for 4 years with the son. She is already working in a reputed English Medium School with a salary of 28000/- p.m. Wife is just staying there without any reason not willing to return to her husband house neither interested in MCD. Wife have not filed for any 498a, DV Case or Maintenance case as she is very well aware that no such type of incident have happened . If she needs to file such case then she have to file false case which will be a herculean task for her to proove it in the court of law. and also she have kept in mind that in future if at all if she requires or if situation arises for her to return to her husband house then her door will be closed if she files for false cases. Thats why wife is just staying there without any reason with the son and Husband staying separetely alone in his place by getting deprived of married Life, Conjugal life & Fatherhood. Under such situation what should husband do to get divorce without paying maintenance or paying very less amount  when wife is not willing to return. Its 4yrs already have been passed they are separetely.

Please advice.

You don't want to pay anything for child?  Why are you thinking of escaping payment of maintenance altogether?  You don't want to pay to wife there may be some meaning in it because she is earning.  Why should not you pay for child? You are worried about fatherhood but not worried about maintenance of child. 

If you are so much depressed and have decided to quit the married life, you may better  file a divorce case against her on the grounds of desertion and non cohabitation, why keep grumbling about the single subject through out.