Guru (Sales Manager) 28 July 2013

Rcr or opt for divorce?

Dear Members,

My marriage just six months old and in these period so many things was happened with me. My wife's nature is very much rude, she is very tempered minded girl.....not participates any household work. Always lying, rude with elders, the big thing is that she has filed the false police complaint against me....Now, she demanding 10L Rs to me or else she files the fake case against me. I said Ok do whatever you wish to do......As per my financial condition I am not able to give her even 10,000 Rs. to her and its true!!!....My old age senior citizen parent is dependent on me, I am living in flat which I bought on home loan basis 4.5 years back, I paid half of the EMI of my salary and apart from that I pay the EMI of personal loan as well which I borrow for my marriage expense. From rest of the amount I manage my monthly expanses & my father’s medical expanse. I also took loan from my friend, relatives and office in cash which is unpaid.

Now, I am not ready to tolerate her any more. She staying with me hardly 30-40 days and gone back her parent house.

Please suggest me, should I go with RCR or I can file for divorce?

RCR suggest me 1 advocate, where we put the some terms and condition if she wants to come back at my home.

Is it possible to file a divorce without completed 1 year of marriage? If yes then please suggest me the ground as I mention above my situation...She is working and I don't have any proof except her office address and colleague no. I don't wanna give any alimony or maintenance and even I am not able to give as i have limited income.

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4 Replies

adv.raghavan (Advocate,9444674980) 28 July 2013

yes u can file divorce petition within one year provided u have to satisfy the court your extraordinary situation under sec 14 of HMA 1955,,u can file RCR if she is not residing with you, still she is with u,then what it is point in going for RCR. she can claim alimony under section 125 crpc and section 24 of HMA 1955. my sincere advice is try to bring situation under your control before it goes out.

Guru (Sales Manager) 28 July 2013

Dear Mr Raghvan,

As I mention she is not reside with me, she stay at her parent house....My question is can I go for divorce directly? or file for RCR to save me and my family from fake 498/a.

And I don't wanna to give any alimony or maintaince to her.

adv.raghavan (Advocate,9444674980) 28 July 2013

if you suspect that your wife will file case against you under section 498A of ipc go for DIVORCE petition immediately, if u have decided to go for divorce i donot think RCR is required, as regards maintainence u have to pay there is no other go. get hold of a good lawyer to do the rest

(Guest)

Dear querist,

1. RCR is the useless stuff when you have made your mind to not live with her.

2. Divorce petition could be filled based on exceptional hardship as provision provided in 14 Hma.(it depends on the drafting of your petition as how well it is drafted,so that judge won't reject it).

3. If your wife has source of income to maintain her then no maintenanace to her else there are so many sections for her to seek maintenanace,you can't skip.

Strategie for your case:

1. Better complete 1 year of marriage,see what happens during this next 6 months and collect proof of her mental cruelities.

2. If she didn't turned up and behaves with same attitude and behaviour then go for divorce.

3. Before divorce petition filed, lodge a complaint against her extortion and false cases,submit to all PS,PC,NCW,HR,CJM.

3. If you are confident more than 100% that she is going to file false cases on you in coming days,then draft a strong divorce petition stating the following:

1. Continuous threats of false cases and extortion from her since you have got married.(you should have strong evidences and reasons for the allegations made in petition by you) support all complaint letters in it.

2. Living with her is next to impossible due to her sucidal tendencies and cruel behaviour on me.

Thanks & regards,

A sufferer.....