Need help from my wife

The confusion is due to two and half matters;

1. You left RCR half way.
2. You did not withdraw RCR yet jumped to MCD route during tel. discussion with wife and left MCD also half way.
½. Proper guidance and perusal sticking to one ground (position) not done for your own self clarity.

Be it so may be now the remedy is as follows;

1. Assuming you live in Mumbai and respondent/wife with child living in Kerala then go to her with a neutral relative person and tell her that from last 2 years neither you are living with me nor you are legally separated for your own re-marriage or my own re-marriage hence clarify finally what you want as society does not allow such separation to continue for indefinite period.

2. If she agrees for MCD then contact earlier local Lawyer and file then and there MCD joint petition. Peruse it diligently by making appearance for reconciliation followed by statement and done with decree in divorce via MCD route.

3. If she says she is indecisive then contact same Lawyer who prepared MCD and file then and there in Kerala for divorce using “desertion” as ground and ensure Court Notice is served by hand to her and in absence notice pasting is done with. It takes 2-3 days work for such procedures and for the same stay in Kerala till you are satisfied that the Notice is served correctly to her.

4. Now what will happen is Court will first proceed on reconciliation of parties before Court counselors and if she agrees for coming back with child well enough matter closes and if she says there that she is not agreeing to come back then convert the divorce petition into that of MCD with agreeable terms and conditions along with child visitation.

In some cases unless other party (her husband) comes and does face-to-face talk via mediation or serves upon her Court Notice in her hand a metro wife donot realize the gravity of situation and show remorseness or indecisiveness leaving other spouse in doldrums.

As far as your emotional thoughts are concerned Law has no place for the same and unless legal decree of divorce in hand it is not advisable to shift to another State or go to Himalayas with a un-married girl and thus marry her. As far as money matters are concerned litigation in India are expensive so there is no alternate remedy other than approaching District Courts Legal Aid Center and seek free legal aid which I doubt you can do in Kerala as you are loosing interest in getting clarity of present legal marriage with a child. However last sentence also can be tried by you in Kerala if you have the zeal.

Apart form above there are no other options left legally to follow is my view.

Well advised by Tajobsindia. Proceed accordingly.

Thank you Sir,  But I did not witdraw the Conjual Rights because its not reached her place yet.

i told her that during our tel discussion, you will be getting one RCR letter... You please ignore it. Because of that she accepts for MCD.

Also, Same in good tone i begged her that , if you are not intrested on me,  then come for MCD and you have to come for only for two days in court.. for that only she said ok I am ready for that.where ever you want sign i will put you... and finally i send one Advocate to her home she said like this i need time to decide and to consult my parents and relations...

Sir, if i go by 3rd point as stated by you. (3. If she says she is indecisive then contact same Lawyer who prepared MCD and file then and there in Kerala for divorce using “desertion” as ground and ensure Court Notice is served by hand to her and in absence notice pasting is done with. It takes 2-3 days work for such procedures and for the same stay in Kerala till you are satisfied that the Notice is served correctly to her.)

How long should i have to wait to get seperated by law. and what will be the cost to face this. Sir, To be frank she is very happy there and living happy life with that xaffair.... but i am lonlely here, how long should i have to wait for.?

Also, I can't prove any thing and she is very clever and she is doing everything without any evidance.

Dear Tajobsindia,

Please solve my above queires...(3. If she says she is indecisive then contact same Lawyer who prepared MCD and file then and there in Kerala for divorce using “desertion” as ground and ensure Court Notice is served by hand to her and in absence notice pasting is done with. It takes 2-3 days work for such procedures and for the same stay in Kerala till you are satisfied that the Notice is served correctly to her.)

How long should i have to wait to get seperated by law divorce using “desertion”. and what will be the cost to face this generally.  Sir, To be frank she is very happy there and living happy life with that xaffair.... but i am lonlely here, how long should i have to wait for.?

Also, I can't prove any thing and she is very clever and she is doing everything without any evidance.

I too have thought instead of speanding this much can I have some In line relationship with anyone. Please suggest me sir.

1) What kind of evidence do I require to prove desertion? Also, what will be the reply contest should i have to expect from mywife.?

2) How long should the abandonment have to be for in order to get a divorce on grounds of desertion?

3) Past 2 years we are not in relationship and for only 4 months we lived together., and she went to her native place and never come back; is that considered desertion?

4) I have one year daughter and how much compansation will my wife ask?

5) After Marriage, We lived only for 4 months in 4 months we had good relationship for only 1 Month.Also we did not done any Marriage Registration. In this case can i get any special consideration in court.

6) Should I able to contest my desertion pettion in Kerala Court. Because, I am residing in Mumbai.

To your last two queries;

How long should i have to wait to get seperated by law divorce using “desertion”. and what will be the cost to face this generally.  Sir, To be frank she is very happy there and living happy life with that xaffair.... but i am lonlely here, how long should i have to wait for.?

Take: Court procedure time cannot be predicted with surety it differs from Court to court based on respective workload. But take it 1-2 years in reference to context. Cost wise also cannot be said as Advocate fees are not set by Rules.

Also, I can't prove any thing and she is very clever and she is doing everything without any evidance.

Take: Desertion needs to be proved and separation from 2 years without valid grounds itself is good ground to get divorce read with your earlier endeavor to bring her back and communications made thereto are proof enough of her refusal.

I too have thought instead of speanding this much can I have some In line relationship with anyone. Please suggest me sir.

Take: It is morally illegal without divorce to marry second time. Live in is a cleaver concept but for the same clarity is not there and if first wife raises objections then you are hit by Penal Laws.

What kind of evidence do I require to prove desertion? Also, what will be the reply contest should i have to expect from mywife.?

Take: Evidences of her leaving matrimonial home, letter - email communications with time/date, Intra State cell phone communications, witnesses etc. Her reply we cannot guess as no petition you have got drafted nor filed on these lines.

How long should the abandonment have to be for in order to get a divorce on grounds of desertion?

Take: Two years

Past 2 years we are not in relationship and for only 4 months we lived together., and she went to her native place and never come back; is that considered desertion?

Take: Yes

I have one year daughter and how much compansation will my wife ask?

Take: Along with desertion based divorce petition file Application under S. 26 HMA and seek visitation (interim) as well as for custody of the child and separately file voluntary maintenance as per capacity and needs of 1 year old child maintenance to the court and get it allowed. In future you may get visitation once or twice on long school vacations as you live in Mumbai and child with mother lives in Kerala. Even if you get custody which I think you are nto that keen on as second marriage is on the air as priority you can still during the pending case meet voluntary maintenance afterall the child is yours too.

After Marriage, We lived only for 4 months in 4 months we had good relationship for only 1 Month. Also we did not done any Marriage Registration. In this case can i get any special consideration in court.

Take: mention these to your advocate he may include such goods of husband in petition. if the marriage is not denied then registration of marriage comes secondary and may not be a bar to admit and process the case.

Should I able to contest my desertion pettion in Kerala Court. Because, I am residing in Mumbai.

Take: Since your wife and child are living in Kerala r/w you already contacted in past local Advocate the jurisdiction is Kerala for divorce as well as child custody / visitation matters. Your presence is required during evidence stage and rest procedures local advocate can take care of if instructions from you comes timely and you also follow-up diligently the case to set your freedom. 

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U said ur child is 1yr old. So how can u take DESERTION GROUND

Ur RCR case is stil alive. Persue that & get court's mediation in that. May be possible that ur RCR be cnverted to MCD if u reach a solution there.

No other way to get out coz contested divorce for a male is next 2 impossible in India

thank you so much Mr. Rajiv Sir,

I Will go by RCR Way.. Sir, But still my RCR Pettition not yet reached my Wife place. Could you please tell me how to check that. Even I don't know it's realy went or its holded by my Advocate for furter payment. but I paid 40 K for that pettion. but my Advocate asking for 5 k more.

I have the Xerox copy of the RCR pettion. If I go directly to the court will i get the Status ?

My Advocate told me it will reach by next month end. but i filled the pettion on 12 Sept 2012. Still there is no update also i did not call for any hearing from the Court.

Best way is GO TO PROCESS SERVER OF THE COURT WHERE U FILED IT. SHOW THAT XEROX TO SUPERINTENDENT THERE. HE WIL TEL THE EXACT SCENE........of course in exchange for a few crisp notes

sure thanks a lot sir.