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Originally posted by : CGHY |
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Hi Lawyers,
I had filed for RCR in Sept 2012 and my wife filed the counter in March, 2013. The counter has many allegations (neither 498 related nor DV) against me and my parents but we have all kinds of proofs to disprove them.
She mentioned, she would not want to join me anymore. Court gave a date for issues framing in coming month.
I have no more interest to ask her further for joining me. Can I file for divorce now along with countering her allegations? Or will it be dragged too much and better to go for Mutual consent (as she said, she would not want to come).
Please advice. Thanks. |
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Now that she has said no to joining you..
You can file for divorce on basis of desertion, mental cruetly [the allegations she has made against you in her reply to RCR].
Second one would be, MCD as she is not interested in joining you and you not interested in taking her back either. . . and if you follow the above procedure of filing divorce petition on basis of desertion etc, and if she contests the divorce, the contested divorce proceedings will take a lot of time, it wiil be a waste of time and money, finally settling for a lumpsum after a number of years, part money with her now, and take MCD, this would be apt for you both to part ways as gentlemen!
