HUSBAND AND WIFE STAYING SEPARATE FOR 2 YRS THOUGH COMMUNICATION OVER PHONE / SMS IS STILL GOING ON. THEY ARE HAVING A 3 YRS OLD BABY SON. SON IS STAYING WITH HIS MOTHER. HUSBAND ASKING HIS WIFE TO RETURN BUT NOT LISTENING. HER PARENTS NOT ALLOWING HER TO RETURN BECAUSE HER PARENTS ARE DEPENDED ON THEIR DAUGHTER BY ALL MEANS. NOW THE HUSBAND IS FED UP AND PLANNING TO FILE A DIVORCE CASE.
Q1. CAN THE HUSBAND FILE DIVORCE CASE DIRECTLY ( NOT RCR ) ON GROUND OF DESERTION AND CRUELTY AS THEY BOTH ARE STAYING SEPERATELY FOR MORE THAN 24 MONTHS CONTINUOUSLY.
Q2. IF THE DIVORCE DECREE IS GRANTED IN FAVOUR OF HUSBAND ON GROUND OF DESERTION AND CRUELTY WILL THEN THE COURT ASK THE HUSBAND TO PAY ALIMONY / MAINTENANCE ? IF THE HUSBAND CLAIMS FOR CHILD CUSTODY WILL HE GET IT ?
Q3. IF THE HUSBAND FILES FOR DIVORCE DIRECTLY ( NOT RCR ) AND IF THE WIFE DOESNT ATTEND ANY HEARING NOR APPOINT ANY LAWYER -- MEANS IF SHE DOESNT CONTEST AT ALL WILL THEN THE HUSBAND GET DIVORCE DECREE AS AN EX-PARTE. THE WIFE HAVE NOT FILE ANY DV CASE / 498A CASE AGAINST HER HUSBAND TILL DATE. NOR THE HUSBAND FILED ANYTHING YET. ITS ALL THE FUTRURE PLAN OF ACTION FROM HUSBAND.
Q4. UNDER THESE CIRCUMSTANCES WHICH THING SHALL THE HUSBAND FOLLOW. TO FILE RCR CASE (under sec. 9 ) OR TO FILE DIVORCE CASE DIRECTLY ON GROUND OF DESSERTION AND CRUELTY FOR LAST 24 MONTHS ++.
PLEASE ADVICE.