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Thanks everyone for your response. I have been advised by a senior advocate that I should file RCR and thereafter I should go for AB against the complaint filed by my wife in CAW. This will help to reduce maintenance if she ask under DV act and will act as a shield against her FIR and will later help me in getting divorce.
I know that as soon as I will file RCR she will say that she is ready to cohibit with me irrespective of whatever temrs & conditions I put in the same.
But I don't want to live with her now as she will do the same thing which she did last time.
If you dont want to live with her now, take a hut on rent, make sure its a one bedroom hut with holes in the ceiling and rats crawling everywhere in the slums of mumbai, then you will see how much she really wants to live with you.
All she wants to separate me from my family.
If that were the case, was it mentioned beforehand in any kind of agreement that she needs a separate house etc ie at the time of marriage?
She says that since she has left her family for me so now this is my moral duty to leave my family as well.
Indian family system says, woman leaves and joins her husband, nowhere it is written that the husband should also leave his parentage after getting married, if it is so, there should have been an agreement on this.
It was for you to convince your wife as to how to go about when she is with you, that to accept you living with your parentage etc. I think you have tried but it has been a utter failure to convince her.
This is what her dad did and they also presurrized her elder sister's husband to do the same thing and they were successful.
If you had known about what her dad did, you should have been a bit cautious, should not have taken the first step in that case, as such people are dominating kind of people, they are selfish and they think only about themselves. It would have been apt if not an agreement in writing, atleast they would have let you know as to what they would seek after marriage.
Now its my turn.
The reason she wants to come back now is because she has 2 elder brothers who are now 30 and 28 in age (elder than her as she is 25) and are unmarried. Now if this case prolongs so it will add to their difficulty.
Exactly.
The question which I want to ask is if I apply for RCR and she accepts to live with me then is it binding for me to live with her.
Yes there is a sort of legal binding, but the court cannot make you have s*x with your wife.
It would be meaningless to say like, I want you back, but I dont want to live with you, it destroys the main cause of RCR ie restitution of conjugal rights. Even if you do, you should say that after living with her for a sample period of 1 week or 15 days whatever the judge finds suitable for you both. And in that period you can note down, make VDO recordings etc to prove why you cant live with her, then after completion of sample period of 1 week etc you can come back to court and tell, sir, I cannot live with this woman for such such reasons.
Is it possible that I win the case and still do not live with her.
For that you have to prove to court that she though is willing to live with you is complaining of such such things, like AC not there, fan not there, honnymoon bed not there, waterbed not there for having s*x, you dont provide her with 5 star hotel food, there is no lawn in front of the house, there is no roof top swimming pool, you dont know to cook etc.. or she is bringing her boyfriend to home etc..so you cannot live with her.
Can she force me to abide by the court's order with the help of protection officer or PS.
Since you have filed for RCR and if she is accepting to come back, then there is no question of force.
if she were to have filed RCR then all the force is possible, with protection officeer and/or PS via DV act. RCR alone does not have the power to make a man cohabit with wife with help of police force. It can be done via DV.
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