How to get divorce after send notice under(rcr) restitution

Originally posted by: Jay

Before a year she left the home along with her all the belongings and from that time she is living separately in her parent house. I had sent her a legal notice under section 9 (Restitution of conjugal rights) but she never appear in court or reply on same. It still under pending.

 

Now I have decided to go for Divorce. But she doesn’t want divorce and also threaten me that she will never release me from the relation.

 

Please suggest me on below queries:

 

1. What will the ground that I can appeal to court for divorce where my wife is not agrees?

Take: if you are not in a hurry to get re-married then wait for the outcome of S. 9 RCR. If it is ex-party in your favour. Execute it upon her via Execution Court. Wait and if she does not re-join then you become eligible for Divorce.

 

 

2. Can I appeal on both cruelty and separation ground?

Take: it is not called appeal. It is going to be separate suit. With currently running S. 9 RCR above advise para 1 should be considered instead of jumping form one container ship straight to a canoe boat. 

 

3. What kind of evidence do I need to gather?

Take : In RCR suit you know what your advocate has mentioned under your instructions. In my opinion Divorce is not right now the way ahead. Other brothers may give you their igyan on this but my opinion will remain same on colly. questions of yours.

 

Note: I had filed a general petition to CJM, Two GD on different time in local police station and send notice to her on Restitution of conjugal rights.

 

 

4. Can she file false 498A against me?

Take: Yes as well as No. if yes then CCU DGP as per reply to our recent RTI is not aware of CrPC Amendment and changes in S. 41 A CrPC the Central Government Gazette Notified, so read next State schokers;

 

5. Can I get immediate bail?

Take: Depends upon local police as per above reply now ! But showing current sorry status of your matrimony why don’t you try from right now on Notice Bail i.e. AB and when and if she files S. 498a / 406 IPC / 3-4 DPA then you have something / some time to prove your left over innocence !

 

6. How much time is it likely to take?

Take: Re-read background on current  bail trend in CCU as in para 4 - 5 reply.

 

Kindly help me. Your valuable suggestion can save me and my mother’s life from false case and mentally torture.

Take: That is what we are doing - SAVING

 

BTW, if you don’t mind moving your bottom and engaging into some self learning exercise to save your mother and indirectly yourself then meet in person Save Indian Families (NGO) counterpart in Kolkata by directly contacting Mr. D.S. Rao at Hridaya (NGO) - 09830151555   

Dear Jay,

1. What will the ground that I can appeal to court for divorce where my wife is not agrees?

Your wife agreeing or not agreeing wont make a difference, if you suceed in proving mental cruelty (or whatever ground that you allege) and your conduct has been free of flaw, the court would grant you divorce.

 

2. Can I appeal on both cruelty and separation ground

Yes both these grounds can be taken together in a single divorce petition.

 

3. What kind of evidence do I need to gather?

Anything that proves it to the court that living together is a practical impossibiltiy because of below-par tortorous conduct of that lady

 

4. Can she file false 498A against me?

Yes she can implicate you and your family in fasle dowry case.

 

5. Can I get immediate bail?

It's always to get AB at the very initial stage itself because once they know taht you cant be arrested , things work out differently and worst is already over.

 

6. How much time is it likely to take?

WHAT ?

Dear Mr.Taj, Thanks for your valuable suggestions. As per you I need to wait till x-party of current RCR and then execute it upon her via execution court. But here as per my lawyer I can file or eligible for divorce on separation ground only after two years from the date of decree of RCR. Now it is only one year i have filled the RCR petition. Please suggest me. Also he told me now to file for divorce in cruelty ground only and put all the documents which I have with me( i,e, general petition to CJM, Two GD on different time in local police station) etc. Will it be sufficient to get out from the trouble? He never told me about AB. Please suggest if I apply for it now can it be granted? Will it be quash the 498A/406 IPC? Waiting for your suggestion. Please help. Regards, Jay

Dear Mr. Bharat, Thanks for your suggestions. Please also help me on above mentioned points and suggest whether I am going to right direction or not. Also please suggest if any audio proof of conversation with her and her family member will granted as a proof ? Regards, Jay

 

 

 

Originally posted by : Jayhaldar
	As per you I need to wait till x-party of current RCR and then execute it upon her via execution court. But here as per my lawyer I can file or eligible for divorce on separation ground only after two years from the date of decree of RCR. Now it is only one year i have filled the RCR petition. Please suggest me. Take: Someone is confused here. Both are separate what your advocate is saying and what you asked in your first brief above and my first reply to your first above questions. You have to wait for one year after passing of the decree for RCR and then automatically entitled to get divorce bze your RCR is right now pending in Court and she has not agreed to come back. Unless you withdraw RCR and giving reason file for divorce under desertion of 2 years (which is not yet over) you cannot file divorce right now showing it to be 2 years of separation (also recall you got married in Apr. 2011) Seperation minimum period is 2 years from date of seperation and not from date of decree in RCR. Also he told me now to file for divorce in cruelty ground only and put all the documents which I have with me ( i,e, general petition to CJM, Two GD on different time in local police station) etc. Will it be sufficient to get out from the trouble? Take: What you want Sir; RCR i.e. want her to come back or you want divorce? Clear yourself. If you wanted troubles to be over then specify what trouble you want to be over - wife's absence in your life or wife removal from your life? If wife's absence is bothering you and want an competent Court to intervene then RCR is what is right right now. Failing which divorce under cruelties is next option. If you wanted wife's removal from your life then you would have said so to your Advocate, a Divorce suit under cruelties would have been filed by him. You confused and or someone is confused here so it is not my case now. For divorce suit minimum 1 year of marriage is timeline from date of marriage. For divorce on speration minimum 2 years is time line from date of seperation. Your marriage happened in Apr. 2011 hence you can either file RCR if you want her to come now OR you could have filed Divorce on cruelty grounds. Now sicne you have already filed RCR then chances are that she will say no to RCR and after its execution and her non-complience you can file for divorce. RCR helps a person in S. 125 CrPC maint. to some extent on 'refusal" grounds of The Code and for nothing else is generic view now-a-days. He never told me about AB. Please suggest if I apply for it now can it be granted? Take: If you discuss after showing your brief various safety options availabel and how far things can go then only an Advocate may guide you na.  After filing now you are confused and asking which is understandable. However if you apply for AB, yes you may get it and I already gave you West Bengal's (Kolkatta) current scenarios in my above earlier reply with hint to contact friendly Men's Rights Organisation that you are slipping so it seems to me. Will it be quash the 498A/406 IPC? Take: Quash in these IPC section are sparingly used and even if used then they are used with great caution by State's HC. Sir, study further simple explanation / safety / precautions mentioned for laymen's in these user friendly links; https://www.498a.org/pre498a.htm  https://www.498a.org/post498a.htm