I`m, staying separated with my wife for last 5 years. We have a son aged 4 years now. In all this 5 years I`ve tried my level best in persuading her to return back to my house and lead a proper family life . But in all this 5 years she gave me false promises telling me that she will come back but she never returned. My married life is destroyed. I`m missing my son. All my family members & relatives & friends are telling me that she will not return. If she would have wanted to return to your life then she would have returned long back and would not stayed separated from you for last 5 years atleast for the sake of her son. Even i`ve told my wife that if you dont want to cohabit then let go for Mutual Divorce for the sake of peace & harmony. She will not go divorce by Mutual Consent as she told me. Her elder sister ( my sister-in-law) told me that My wife will not give me divorce as she is using me as a fixed deposit for her future.
I`ve discussed with a lawyer. He is telling me that to file for Divorce and not for RCR ( sec 9) as it is already a long time we are staying separated. He is anticipating that my wife will not return. Now if i file RCR and the order goes in favour of me and after that also if she is not ready to return then i`l have to file divorce which will waste more time as laready i have wasted 5 years of valueable time.
My question is :
1. After waiting for 5 years is it advisable to file for Divorce directly or shall i file for RCR ( sec 9) and then watch the developments.
Yes as on date still i have feelings for her & son but as the separation of 5 years have builded some sort of mistrust, low confidence in me i doubt how will i stay with her in open minded as this separation was tooo long to bridge the gap.
2. As on date there is no police case or court case filed by either side . I`ve only lodge a General Diary to the Police Station informing them about my wife not staying with me for last 5 yrs. I last meet her in March 2015 when i went to her parents house. My wife is working there in a Govt School & admitted son to a convent school there. My wife dont want divorce as she thinking for her future that when she will grow old then she will return to my house in order to claim her rights.
3. Whether i get divorced or not , If i want to debarred my wife & son from inheriting my House, Money, Jewelleries & other assets can i do so. All this House, money , jewelleries & other assets are done by myself and it is not an ancestral thing. I`m planning to donate all this to a religious Institution or Orphanage home as i`m not keeping well and may not live long as this matter have affected my health badly.
4. If divorced can my wife claim maintenance for her & son. My wife is working in a Govt School. Can i file for maintenance from my wife.
Please advice.
