(Guest)

Query on filing of a restitution of conjugal rights petition

I filed RCR (restitution of conjugal rights) before 6 months and before I get ex-party they just appear after 3rd summon. Next month is another date, at which they are going to give their reply. But during these RCR period also few things happened, which is bit intolerable to me. She return to my home as per her Advocate instruction and torture mentally, try to suicide again. She already try suicide several times during our marriage life. I have took her to psychiatric doctor for treatment, she is borderline personality woman. I have already done her "psychometric test" as per 2 doctors recommendation. So before they reply to their court can I withdraw the case and file a fresh divorce case, so shall I explain during the hearing date and I will simply tell to magistrate that "although I filed RCR but as in between these things happened, so right now I am not going to take her any more"...In such case "if she will play a dual game for just to show interest and after that court will make bound to me to take her and once she will come and do the same cruelty, try to suicide and run away and then file all cases then I will be nowhere".. so now I guess if she will file cases then I can say that "If I did any cruelty then why she did not filed any cases so far, and in order to avoid her mistakes, she is filing these cases". Can anybody suggest me that, withdraw of RCR take how long? Or same RCR can I add something and request to court for make it to divorce case? Or divorce should be separate case?

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Laxmi Kant Joshi (Advocate ) 16 May 2014

jiban when she had join you hadn't she before /after plead/inform the court that she had joind you ? how still your rcr is pending in the court , o.k she had joined you and now she commits to suicide and also threatening you , why did not you record her threat in your mobile , and registered her police complaint u/s 309ipc regarding to attempt to commit suicide , why till date you had not filed divorce on the ground of above said mental cruelty and submit the fir copy of 506/309ipc for evidence , rcr cannot be converted into divorce petition you have to file fresh cash for that .

(Guest)

Laxmi Sir,

I have took a photo of her suicide attempted when she try to hung on, I don't register complain to police station because at that time my advocate told me as RCR case still open, don't go to P.S. as police will arrest you all so it is better to call her relatives and explain all. Wife is mental patient and before RCR case I took her doctor for treatment but suddenly she left my home with jewellery after my request when she not returned and threatening police complain and other political parties. After marriage she left our home several times, try suicide and write suicide note, I have also keep this note safely for future reference. Try cut her wrist 2 times. So I have filed RCR. So do I need to continue RCR ?

Laxmi Kant Joshi (Advocate ) 16 May 2014

Jiban it is very difficult to live with such person which has suicidal tendencies , if you have proofs of her cruelty then its o.k . otherwise if not then start collecting the evidences in the form of documentary e.g. suicide note , threatening letter etc , electronic evidence like email, sms, chat , phone call etc .and then withdraw your rcr and file divorce case u/s 13(1)(i-a) of hindu marriage act .

(Guest)

Laxmi Sir,

I have no such hard proof or Ground for Divorce, except suicide letter though it happened 6 years before, no any proof wrist cutting 2 times, last time hanging proof (photo of her try). Few phone call record against me, I have tap during last few months after RCR when she come to my home and call her mother. I have also a "psychometric test" proof of her that she is aggressive, assaultive & suicidal behavior, mental retardated person (Borderline personality).

What is your opinion Sir, do I need to continue RCR as after 3 court summon she appear through Advocate and want time.

After RCR close and 1 year pass, is it solid ground of "no conjugal relationship" between us as a solid ground of Divorce ?

looking forward for your answer.

Thank you.

Laxmi Kant Joshi (Advocate ) 17 May 2014

Jiban its a very long and useless procedure which you want to adopt i don't know why , you have sufficient proof to file divorce , contact to your lawyer show him the evidences with you ,if he says o.k. then withdraw your useless rcr don't waste your time and money on it , and file a fresh case of divorce in the family court.

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