Wife is asking me to stay with her appart from her In laws h

What is the consequence of filing RCR? If she dosn't respond the leagl notice of the court to explain the cause of separated stay, can I get divorce immidiatly in this ground?

In other way, if she responeded the summon and expressed her false allegation of cruelty & desertion against me and my parents before the court, what would be the verdic of the court? 

Secondly, after getting summon if she wants to come back my house, Can I impose some provision or written declaration on her before take her back?

If I dont want to continue my maritorial relation with her, In that case should I file RCR to get a ground of divorce?

Lastly, If I file RCR against her, can she file 498a on us before the conclusion of rcr case by the court? if yes then will rcr help me to give fight against the false 498a case?

What is the consequence of filing RCR? If she dosn't respond the leagl notice of the court to explain the cause of separated stay, can I get divorce immidiatly in this ground?

If I file RCR against her, can she file 498a on us before the conclusion of rcr case by the court? if yes then will rcr help me to give fight against the false 498a case?

yes generally people do it (498a) to cut rcr. if she does not respond you, it is better for you . you may get ex parte diccission.

In other way, if she responeded the summon and expressed her false allegation of cruelty & desertion against me and my parents before the court, what would be the verdic of the court? 

she can do it, but court will act , according to law, in it's own way

Secondly, after getting summon if she wants to come back my house, Can I impose some provision or written declaration on her before take her back?

yes there is a possibility on her return. if she returns, accept her peacefully and without imposing any terms and condition, but if she apply any terms and condition then you also put your terms and conditions.

If I dont want to continue my maritorial relation with her, In that case should I file RCR to get a ground of divorce?

no. if you already decided not to accept her, then pray for judicial seperation stating her cruelty  after seperation apply for divorce.

Thanks you alot Gupta sir,

Can you describe me the procedure,reason or ground to apply judicial separation (under what section?) before the court. How will it take time. What is the adverse effect of it as to support her false 498a case?

grounds for judicial seperation and divorce are same. you will get full act of hma in my blog.address given bellow.

https://www.lawyersclubindia.com/blog/show_blog.asp?member_id=52327 

13A. Alternate relief in divorce proceedings.

In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse ; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.-In this clause,- (a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or

Explanation.-In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

Arup Kumar Gupta 

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