Need help on rcr

Hello sir yes ofcourse you can add

Dont file RCR but file divorce and make sure you have ground.

Get sufficient evidence and proof before you initiate divorce.

Thank you for your kind information..

Dear Stalker,

 Thank you for your kind information..I wanted to file dovorce only on tne mental turture form loan pressure from his family and his issue with past boy frind (which I have some audio tapping) and not willing to join with me since last one year (telling that she want to do job near to her house)

but I know if I will file divorce then she will tell that she don't want to give divorce and she will mntion that she got metal turture + maintenance..

For that only I planned to file RCR, with all these allegation.. So that i will have some prrof that she don't want to join with me..after that I can file for divorce..But here one thing that she will file 498and DV quickly once I will file RCR..

Once you file RCR, she has to show the reason for not staying in matrimonial house and thereafter she will anyway file 498a. If you have made up your mind to take divorce, focus on that.

maintenance is inevitable if shez not a working woman so dont dig too much into it.

Get evidence and file divorce.

Dear Stalker Sir,

  Thank you very much for your kind information. As I mentioned that if I will file diverce directly, then for that my ground will that much strong or not? As per I know Adutery, dissretion or cruelty are the strong ground for diverce.. But for my case although she say tell not join with me (even during this separation she is using  different SIM card and she deny to share her email ID too) and staying 1 year apart from me.. She completely deny to tell about her motion about what she is doing right now?

She is BTech and MBA holder and before mariage she worked for 1 year.. (6 month with 20K and another 6 moth with 7 K).. This prrof I have, and right now her claim is that she want to job any where in India..Not near my place.. I asked her to join with me many time and search job.. But she make many small small thing to stay apart from me..(reaso difficult to know)..

That is the only reason to keep some proof, I wanted to file RCR, then after that she will not join with me.. then it will help for filing for diverce infront of eye..

Can you suggest meon this..

If possible can you give me your hand phone number and your suitable time, so that I can able to reach you..Please help me in this regard, as recently I ost my father so I am bit help less...

My email ID is: ramaaryan236@gmail.com..

Bro,

https://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp#.USCTMlfnuRM

Follow the thread and you will get to know the strategy for not opting RCR.

I am not an advocate and so I am not the right person to help you LEGALLY. Search the forum, you will find many and get in touch with them. Other than that you may PM me for any help.

Hello Singha,

You cannot file in cruelty ground nor on desertion ground.

Reasoning:

1) Does audio-tape that you recorded have any conversation covering the physical relation with her ex-boy friend or proposing love sentiments by her to him at moment, even if it had any such descripttion of the past, it has no relevance to your current marital relationship to claim ground on adultery,

2) Wife requesting   husband to repay education loan is not cruelty unless it is to a level of threatening that cause mental disturbances, do you have any evidence to show case this ?

3) You cannot seek ground under desertion, as separation period is less than two years.

Hence your filing of divorce will be  premature, hence proceeding with RCR first will be viable in this case, but have it plain simple, not mentioning any adultery or any other harrassment if you are sure that she will not join you,( underline if you are 100% sure)

No other go like many of members here, you need to equip yourself to fight 498a, no other choice. Else wait for another year, to seek desertion ground.

In all probabilty, MCD is best, if not possible, waiting is wiser choice, but in any case make NCR to PS and get copy and preserve, meanwhile make all mediation and evidence gathering steps.

RCR was a wrong step...You could have emailed your wife to join and a non reply or reciept would have constituted her unwillingness to join....

Now you will have to wait for a while now and yes since you've intervened court, you may expect the unexpexted from your wife....

Regards

Chetan(dot)7679(at)gmail(dot)com

Your suggestion 1) Does audio-tape that you recorded have any conversation covering the physical relation with her ex-boy friend or proposing love sentiments by her to him at moment, even if it had any such descriptttion of the past, it has no relevance to your current marital relationship to claim ground on adultery,

My reply on Q.1: I have record about their conversation after marriage that "Every time I remember you too much, where I did mistake that I might talk to your hubby to return you at any cost".. Then my wife say, please don't remember me? When I ask to my wife not to keep maintain such thing, then she became silent and again in my absence she keep in touch with him (past boy friend).. Once I raise these matter to her boy friend, his parent's, instead of any suggestion, my wife flatly told that she don't want to join with me.. Then she say that "it os not mandatory to stay husband wife together, many husband stay abroad and wife stay at Indian but still they are happy"".. All these audio tapping I have.. Even she say that getting baby is the not only condition for marriage, I want to enjoy my life..after that she is away from me, since last one year??

So hope this is mental torture to me???

Your suggestion 2) Wife requesting   husband to repay education loan is not cruelty unless it is to a level of threatening that cause mental disturbances, do you have any evidence to show case this ?

My reply on Q.2: Yes I have recording that I will do job at India at any cost to repay my loan.. that loan was in my name, and who are you to say on this?? after that she is away from me, since last one year??Here before marriage his father committed that, that is his responsibility.. Now his father also playing dual game and telling that is her decision I cannot tell anything to her.. have audio record on this..Even last time we had a discussion with herself and her parents.. Instead of compromising they start a unnecessary argument and they say that, my wife cnnot join with me..

Before marriage only one time they allowed me talk, and then finalize for marriage.. Hope this is mental torture to me???

Your suggestion 3) You cannot seek ground under desertion, as separation period is less than two years.

Hence your filing of divorce will be  premature, hence proceeding with RCR first will be viable in this case, but have it plain simple, not mentioning any adultery or any other harrassment if you are sure that she will not join you,( underline if you are 100% sure)

My reply on Q.3: I don't think so, that we will keep happy life ahead in such relation..

No other go like many of members here, you need to equip yourself to fight 498a, no other choice. Else wait for another year, to seek desertion ground.

In all probabilty, MCD is best, if not possible, waiting is wiser choice, but in any case make NCR to PS and get copy and preserve, meanwhile make all mediation and evidence gathering steps.

@singha

your case is weak.. you can neither file for desertion nor on mental cruelty.  Even after two years, if you file for divorce on desertion ground, she may come up with some reasons which made her to stay away from you. Again there is risk of long battle.

As advised by some members, please file a NC report in nearby police station.  

Then, approach State Legal Services Authority's mediation center and submit an application to call her for discussion.  If she comes for discussion, then you can assume that she will be ready for some settlement. But, if she does not come for mediation, then you can assume that she is hell bent on filing false cases if you take a legal step. Because, if she does not come for mediation, it does not affect her case in any way and the authorities cannot compel her to come like done in Police Station.

Last choice would be that you have to wait for 1 more year, atleast to make a ground to get your case stand in court and get ready to face DV, 498a etc.

Singha bhai,

You dont simply sit quiet and wait but make sure the seperation and cruelty count. Gather EVIDENCE in whatever format you can......thats the most important part...You talk to your wife, get the details of the separation either on phone or by email or by RPAD...or ask for marriage conselling or mediation in court...

Or you can even file legal separation or divorce showing cruelty and wilful desertion

https://www.lawyersclubindia.com/forum/Section-10-Judicial-Separation-14489.asp#.USCiE1fnuRM

Once you initiate, the process of any civil case in itself take longer time and you may get an opputunity to negotiate and settle the bl**dy mess. Dont just wait for the non-sense 2yr wait period that has no meaning in itself.

And most importantly I WARN you any legal proceeding be it civil or criminal that you pursue will have its own adverse effects and counter cases. So when you are absolutely sure that no cohabition and recocilation is possible with your wife then only pursue the legal route. till then you may rope in elders, relatives or well wishers to amicably come to an understanding and build your case accordingly.

Dear Stalker Sir,

  Thank you very much for your valuable suggestions..

Yes waiting for another 1 year simply make no sence.. That's why as I have did not sufficient ground for diverce, so I may try for other route as per suggestion.. And during this way I will try to negociate their compansation.. by the time I am ready face all false litigations, and I am rady to fight for all the false litigations.. No other way, nothing in my hand..