syed (Branch incharge) 26 May 2011

need help in RCR & talaq

Respected,
Married on 2005 in chennai, she left home after 5 months citing reasons ( harrasment/ torture etc which is not true), 2007 march she left bangalore with her family, all these 02 years i was in gulf but visit india in small vacations several times. jan 2008 i settled in hyderabad to continue relationship by leaving gulf & other abroad oppertunities. Went sevral times to call her in bangalore but she didnt, In 2008 last quarter she started caling me to send separation papers, but i moved to court for RCR in febraury 2009 despite of knowing & reciving notice she didnt attend haring, I got exparte, after then also i waited for some time then we met her uncles few times in bangalore finally they brought her chennai on july 2010, infront of both the family members she agreed to stay with me in hyderabad as house wife. she stayed only for 4 months, in december 2010 once again she stayed in her mother home in bangalore after bakrid festival vacation and still continued. We went to call her on march 2011 but she & mother send us empty handed. Now am moving to chennai, once i reach chennai i decided to call her once again if she joins alhamdullilah - if she didnt join me then decided to divorce her, now i need your guidience on what to do if she didnt join
1) whether i have to apply RCR again or i can send talaq notice directly to her with IDDAT period ( as providing IDDAT period time itself is a kind of reconcialtion effor which give time to wife to think and join husband)
2) already am having Exparte, again i have to apply for RCR or in previous RCR itself i can continue the case
3) I can apply RCR and send the first talaq notice at the same time
4) by keeping 2009 exparte notice i can send the talaq notice without applying for RCR now

Any other issues or guidiance which arises need you to please bring to notice to follow

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5 Replies

syed (Branch incharge) 26 May 2011

Common yaar anyone please help me

syed (Branch incharge) 26 May 2011

Dear Zeeshan,

I really need help hope you understand

syed (Branch incharge) 26 May 2011

Dear Zeeshan,

Thankyou

I will wait for guidiance

If i hurt you in any means ( Language) then i apologize

(Guest)

SIR,

KINDLY NOTE THAT.

1. IT IS ADVISIBLE FOR YOU TO KINDLY DO NOT MAKE HASTE. WAIT FOR SOMETIME AND TRY TO RECONCILE THE MATTER.TRY TO FIND OUT AND DISCUSS WITH HER AND HER PARENT IF SHE NEEDS ANY MEDICAL HELP. SHE IS YOUR WIFE AND HENCE YOU SHOULD SUPPORT HER FINANCIALY.

2.BUT IN CASE EVEN AFTER GENUINE EFFORTS THERE ARE NO CHANCES OF COMPROMISE THEN YOU MAY SEND A LEGAL NOTICE TO HER MENTIONING ALL FACTS AND PREVIOUS COURT ORDER.AND IN CASE SHE REPLIES DURING NOTICE PERIOD THEN FINE OR ELSE YOU MAY FILE AN APPLICATION IN APPROPRIATE COURT.GOOD LUCK.

syed (Branch incharge) 27 May 2011

Dear Sawant,

I settled her in india in jan 2008 becuase of this issue, to continue life with her but after several attempts by me an well wishers she didnt join me, forced me to get seperation papers

But i applied for RCR in 2009, even she knows all the proceedings she didnt the hearings i got ex-parte. Even after i didnt apply for divorce waited som more time - in between we met her uncles in bangalore between march 2010 to july 2010

Finally they left her in my sister house infornt of both familiies in july end 2011 but within 4 months she again started in her mothers house - now still continued

Still we went twice on march 2011 to call her but she didnt ( specially her mother), in one point she agreed to join me if i get settle in chennai then she will join me, and am doint that, getting transfer next month

Definetly i will call her once as my first priority is to stay together but if she didnt join this time then i dodnt want to give her more time as already we lost five years, stayed together only for 7 months that too instalment basis. In that case i have to decide for our better future prospects

My question is if she didnt join me in chennai then what i have to do