Rcr can be used as a weapon by deserting wife?

1. Your wife had filed for rcr it means she still wants to cohabitat with you , now you have to give your views that you want to cohabitat with her or not , if not then give the adequate reason for it . 2. She can still file 498A and DV cases upon you .

hi

even though she has filed RCR on you, why did she live away without any reason from you? but anyway, if you want to live with her or not is your choice.. no court can force you to stay with her. so RCR as a whole is a useless case. but yes. this is filed by women to get a hefty maintainence amount ffrom the husband. now that she has filed RCR, she will file HMA 24 for maintainence pendalite. along with that she will file 125 too. so get ready for maintaienece cases/

but remember to defend the RCR case, dont let it go exparte, as prima facie it seems to me your case is strong. so fight it. she will now not file any  498 once RCR is filed , but on the contrary, if she files any of those cases. it is good for you, as she cannot contradict her own claims. and this contradiction can lead to a divorce.

if she wants to live with you then why did she file 498. does she want to live with you in jail?

but yes. she can file DV for maintainence and residential orders.so if you are living in your own house with your name, then she can file for residence in your home with you along with the maintainence. 

Many thanks to @ laxmi kant joshi and @ fighting back.

At the outset let me clarify-the above scenario of my filing div and her responding by RCR hasn't happened yet. In a desperate attempt for MCD option, a common friend had asked wife 'what would u do if he files for div' and wife sweetly said, ' next day, i will file RCR'. 

However, the scenario is sure to play as above; thanks to LCI, i am better informed.

 

@ fighting back: in reply to your why did she live away without any reason from you? here's the thing: REAL objective was to make me a pet in a female-dominated household/culture that she comes from. STATED reason she gives one and all (in a most weepy and convincing manner) is: I had/have 100% faith that things will be allright one day. Besides, a 'forsaken' woman tag gives her social-emotional succor and a 'divorced' woman tag is anathema to her.

I realise that I must fight her RCR strongly but kindly advise on this:

* She is extremely good in putting on a Sati Savitri act -tears and all! Will that influence judge?

* Since last 8-10 years, she/her family has made NO ATTEMPT of ANY SORT for reconciliation. Can this help dilute her RCR?

* I and my family have made several attempts-visiting their home/sending mediators etc. Does this count in my wanting divorce on grounds of Desertion? I have no proof (like train tickets/audio-video) of all these. The mediators-will they have to be physically present as witnesses or their written statement is enough? 

* My reason of not wanting to live with her is that inspite of all my efforts, she ignored our relation...there's been no change in her hypocrisy...N i feel i waited long enough!!! All this can be filed in 'counter RCR' ? Same things can be mentioned in Div -on grounds of desertion-case too? Or is it not enough to get divorce? (there are many unsavoury aspects which can be grounds of cruelty-but i am holding back out of concern for impact on my child...in fact this is the MAIN reason why in this day and age of fast-food, I waited for so long )

* Reading posts on LCI, it seems that contested divorce takes 5-7 years. However, in my case, there's already a 'Van-Vaas' of 8-10 years...won't the Judge consider this and expedite?

Kindly help and advise!