Satyabrata Rath 29 August 2015

Marriage problem

Hi,

I got married on Jan'12 and my wife went to her home on Aprl'12, that time she was pregnant. We got baby boy. But she was not coming back to home. We tried to convance her so many times, despite of all our effort she was not coming home, thats why we went through RCR. Judge ordered her to join me but she went to my home town instead joining me at bangalore. We didnt have any physical relation since March'12. Me and my family tried to make our family life normal but she is still ignoring all our effort. Now she got job at home town. Since 2 months she left home for job and kept our baby at her home town. She dont talk to me on phone also anytime. When I call her, she always do misbeheave.

Now its enough, Me and my family wanted to go for divorce, could you please guide us, how we should go for it. If you want some more information or if you have any question please let me know.

In advance, thank you very very much.

My mobile num: 8197788030

Email: iphdev@hotmail.com

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8 Replies

saravanan s (legal advisor) 29 August 2015

got to wait for a year from the time the rcr judgement is pronounced in favour of you to file divorce

Pradeep Kumar (Lawyer) 29 August 2015

Dear Sir,

You have to wait for an year after obtaining the decree of Restitution of Conjugal Right decree and its proper execution. If despite its execution she is unable to join you then you can file for divorce on the ground of non-satisfaction of above mentioned decree. There is provision of law to obtain divorce on this ground,

Adv,Pradeep Kumar Khatana

9871765000

SAINATH DEVALLA (LEGAL CONSULTANT) 29 August 2015

When was RCR obtained?

Adv k . mahesh (advocate) 29 August 2015

what went wrong in that four months period has to be analyzed and solve the issue by personal interaction by you or make any elderly person from their family memebers to solve the issue keeping the newly born kid in mind

if not wait for one year from the date of your RCR decree and file for divorce that she is not joining you inspite of court decree to join you

SAINATH DEVALLA (LEGAL CONSULTANT) 29 August 2015

Adv Mahesh's reply adds value to UR query,U have not replied my questiion

prabhakar advocate (advocate) 29 August 2015

After you obtained RCR, as per you, she went to your hometown instead of joining you at Bangalore where you are working. Once you file divorce case on the ground of non-compliance of RCR, she would take the plea that she went to matrimonial home. Hence, serve a legal notice that she has not complied with RCR decree and later on file divorce case on the ground of non-compliance of RCR and also on the ground of physical and mental cruelty and also desertion of more than 2 years. You will definitely get divorce. Think about child custody also and after getting proper legal advice, file custody case also, if you are intended to have your child in your custody.

Prabhakar Advocate

(M)9958670740

Advocate Ravinder (Advocate/Attorney) 29 August 2015

If your wife gives consent, you can file mutual consent divorce. You will get divorce within 7 to 8 months. If your wife does not consent, you have to file divorce case on the grounds of desertion and cruelty. It may take 3 to 4 years approximately. You have to file petition for custody of child, if you are interested. For further details contact me.