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Jay   13 October 2015

Divorce as wife is in the usa

Hi there..

We were in the USA and came back to India. I am forcing ourselves to settle back in India. 

Now, she left for US along with my Son/ 8 yrs from visiting her mom’s home without my knowledge on Aug 1 2013. Now she says She don’t want to come to India saying its dirty, bugs, hot etc etc and asking me to come to USA, which I dont want to do.

I filed for RCR on Dec 2014 after trying my level best in vain convincing her. Court has served two notices but no acknowledge received yet. Though she made point that she saw the notice but didn’t received it.

Judge is adjourning the case agn n agn saying ‘awaiting response”.

How long it can go and what are other options I have. Divorce is in my cards , but how n when..

Your responses are highly appreciated..

Jay..HYD



Learning

 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     13 October 2015

If she does not respond at all then the RCR will be awarded exparte.RCR is a great law,which helps in many ways and the purpose is to compel the respondent to resume her matrimonial life, 

prabhakar advocate (advocate)     13 October 2015

If she is working abroad and you know the employer's address, send the court notice to your wife through the employer and in the case, if your wife refuses to receive notice, the employer will endorse her refusal and it amounts to that notice is deemed to be served and court will proceed ex-partee.  Otherwise, ask the court to give permission to publish the notice in newspaper and that will also serve the purpose.

ANAMIKA VICHARE (LAWYER)     15 October 2015

You must serve summons through Consulate of India in USA

 

Furthercommn thruough Facebook w/o acceptng Frindshp

 

Anamika Vichare

[New York cit y picture]

 

Jay   17 October 2015

Thanks guys..

Yeah. she is working as a teacher public school. Since the RCR is pending for the last 9 months, can i ask / file for DV?? In that case, i got to request to discard my RCR or request to convert my RCR to DV?? if So, what are the pros n Cons.. Its really frustrating wasting of time and life. I  reallydont understand our law...!! simply Adjourn adjourn adjourn because of awaiting  notice...come on now...how long....!!!!!!!!!

SAINATH DEVALLA (LEGAL CONSULTANT)     17 October 2015

Why do U want to invite DV ? I have not seen anyone putting this question? Evenif U get RCR exparte ,how are U going to execute it as she is in US.Filing RCR when she was out of the country was a wrong advice.

Jay   19 October 2015

Thankyou all for the advices. 

Here, if i see the advice of Mr. Sainath, as he said earlier above , " RCR is a great law,which helps in many ways".  Since she is not getting convinced i went for RCR. I didn't want to jump for DV.  Now for the last two years i am trying to convince her. She talk some time and goes off for days n months. She is only thinking of living in the USA and waiting to obtain a Green card. In her words " I want you , but i want you in the USA". so when she is so much addicted to the USA, what option i have after RCR other than going for DV?? pls advice.

I am thinking to go for DV on the grounds of desertion for the last two years. Is it necessary to the both parites to attend the court, though one party files for DV?? 

Thanks once again for your advices.

T. Kalaiselvan, Advocate (Advocate)     20 October 2015

What do you mean by mentioning DV.  Because DV here means domestic violence, do you mean to say divorce which you are mentioning it in an abbreviated form?

See, even  if you get a favorable decree in the RCR case you will not be able to enforce the decree because she is not willing to join you back in India and she is residing in US without knowing what is happening here and she is not bothered to know as well.Therefore the entire process of RCR itself is waste. If you plan to file divorce case against her, you may very well do it even now by withdrawing the present RCR case and file a divorce case in the grounds of desertion and mental cruelty. 

Discuss with your lawyer on all such further issues. 


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