Need help on divorce

I AM NOT AN ADVOCATE...

RCR and Divorce are mutually exclusive and there is no way to "upgrade" a RCR petition to a divorce petition. You could possibly file an application to amend the petition but I think that the petitions get marked in a different category and such an amendment will therefore not be allowed.

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Now lets talk in practical terms. You have filed an RCR and you want a divorce. Good. Let the RCR continue. Somehow delay the proceedings until two years of separation pass by. In all court filings say that you really want her back. Even tell that to your advocate because they are the last ones you should confide your strategy in. Let it be known to all that you want her back. Even let her think that way... Then after the two years of separation pass by, file divorce on grounds of desertion by her.

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It is very difficult for a man to get divorce otherwise. Time will fly by anyway. Be patient and do not file anything in a rush. Plan, strategize, etc. Its a long road ahead and the more you plan, the less is the pain and more the success. 

In my opinion, it is not advisable to withdraw RCR case. Filing of RCR itself is a bar for your wife to file any criminal complaint against you. Please wait and see, what actions she is taking. At this stage, it is possible that, she can come with a stay order by filing a transfer case. Or she can file her objections too. Even if she does file her objections, you will come to know what is her stand. She has moved away from you since 1 year, she must have got some reasons for this. Now if you find she has no intention to file any transfer case, please go for mediation. Here you both can agree for divorce without further delay, file a separate petition and get divorced, you cannot make any changes in RCR to convert it into a divorce case. If you withdraw your RCR case, you are starting from scratch. Even if she says, she is ready to join you., you will be able to understand her during the course of the case. You can take a call at that stage. Withdrawing any case is a matter of minutes. Just appear before the Court on the date given and file a memo stating so and the Court will happily close the case saying case not pressed.

Also continuing the present case has an added advantage, that, you can anytime decide to file a divorce case during the pendency of the RCR and hand over the summons or notice to her by informing the court in the RCR case, if mediation fails and you doubt the RCR will be decreed in your favour, then get it withdrawn.

A very clear and proper advise rendered by Advocate Ms. Vandhana.Please follow it up the way it has been told to do so. This RCR will be a shield to you incase she is going for 498a or dowry harassment case against you. But before that, please tell frankly that whether you filed RCR with an intention to avoid paying any maintenance amount to her?, if yes, you do not deserve any guidance because it appears that she left your company/matrimonial home due to your unbearable tortures to her?

Hi Samir Sir,

  Thank you for your kind suggestion...I want some information regarding desertion..

1. She refused me to join with me before 1 and half year and she left her in own will... But after 6 month she came to my home and I tried to convince her, again she refused (She came to take all her belongings, she can show proof on this, can not deny)... After that now we are separated for 1 year..

2. I filed RCR before 6 months..during this period also we talked for two time, where also no indication to join with me..

Suggest me on:

Now what will be two year separation for disertion ( from the day we actually separated (1.5 years) or the day of 1 year or the period after filing divorce ..

Please suggest me on this..

 

Hi vandana,

  Thank you very much for your kind suggestions..Actually although I filed RCR before 6 months, but during these periods some untolerable things came from other side..

So right now I am bit fed-up with this relation..So its better to tell all these during the RCR proceeding or how should I manage this issue?

Please suggest me in this regards..

thank you

As she didn't liked to cohabitat with you and you also wants divorce from her then It will better to you both to go for mutual concent divorce and get rid from your this married life.