Rcr against nri husband

1. If husband is not willing to cohabit with you then with civil and or criminal case which may get filed against him by your side in due course of time, Court cannot compel him to live with you in matrimonial home or in a separate home. Every spouse receives “first” counseling lessons from home and then “secondly” by society they keep. If both first and second time tested counselors failed in uniting spouse then Courts cannot compel them to stay united. The marriage becomes dead one way or the other. 

2. Continuing from para 1, no Court as a matter of fact cannot even bind him legally to be present and or come back to India in matrimonial cases. It is his sweet will to come back or not to come back or even delay coming back. Till that time what YOU will do – wait – wait – for how long!

3. You can still try RCR route and later convert it into MCD.

4. However the best is to “talk to him clearly” one last time before court case is filed as to what he wants out of this marriage? Tell him about S. 9 HMA (RCR) provision and seek his idea in it. Tell him about DV Act and seek his idea on it. Tell him about S. 498a and S. 125 CrPC provisions and seek his idea on them. If he shows “lack of will” then simply file Divorce on “cruelties” grounds as few facts you specified in your above briefs and also file S. 27 HMA for return of stridhan items, also file S. 24 HMA for maint. for child (you are working so you are not entitled) along with litigation cost and finally petition under S. 25 HMA for full and final alimony. Prove your “grounds” and get divorce decree and carry forward with your life along with your child. It is going to come out mentally, physically cheaper to move away then be in the system for years together with no ray of home as neither spouse can force other spouse privately or via Court to do something which he/she is not willing to do naturally. 

It is now becoming very expensive to “maintain a marriage” and Govt. policies are so adversial that Govt. is ensuring that “harmonious marriages shallnot be maintained for long” due to emerging sociilegal circumstances and hence either spouse is forced to file a suit matter to claim h/er “rights” monetarily sooner than later. Gone are the days of marriages being sacrosanct.