(Guest)

Wife joining me fighting behaviour after decree of rcr

my wife join me with fighting behaviour even after ex-parte of RCR and next month I will get Decree for the same. Now I wanted to file for Divorce due to impossible conjugal relationship with her for her behaviour. How much time it will take to get the Divorce if I file divorce. Wife rejoin but no congual relation, disobey me and more fighting & cruel behaviour.

As she return to me and RCR ex-perte in my favor which ground can I apply for Divorce ?

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7 Replies

fighting back (exec) 08 August 2014

why did you give an open invitation to your wife to harrass you by filiing an RCR? now reap the fruits of your RCR...

by filing rcr, you have condoned the misdeeds of your beloved wife, now she is giving you the good times you seeked in your petition. now filing divorce will need fresh instances of cruelty, which is very difficult.

i bet your lawyer might have advised you to file rcr. , this is the result of blindly trusting your lawyer.

(Guest)

Hello fighting back,

You are just asking question but not solved anything. Yes lawyer have advised to file rcr because there was the situation for which RCR was appropriate.

I think our Law maker are not blind, they create RCR for special purpose is not ?

adv. rajeev ( rajoo ) (practicing advocate) 08 August 2014

Time cannot be said, it depends on the pending cases and how you will proceed with the case

Prasad (Systems Engineer) 08 August 2014

Hi Nilay...

By filing RCR, you have proved your goodwill to give a chance to your wife.

If she cannot see your goodwill and behave cruely, then it is not your fault.

I assume that you have done your best to change and live with your wife.

If you have lost all your hopes & trust on your wife and on yourself,

then try the following.

To have some peaceful time for you,

- Use official reasons to stay away from her as much as possible.

- Create opportunities so that she can go and stay in her parents house.

Then capture proof of your wife's cruelty.

- Buy a good voice recorder and record as may instances where your wife abuses you by words.

- Record all telephone conversation with her.

- Bring all your concerns in the telephonic conversation and record her responses.

- When your wife starts abusing you, call any of your/her relatives and keep the phone on.

This way her conversation is also recorded and third party on the other side also becomes a witness.

- If possible, write emails to her and record the email responses.

- Tell your friends/relatives/neighbours/her-friends/her-relatives

to give a surprise visit to your home during the time when your wife would be fighting with you.

- They all stand as the witness of your wife's cruelty.

Do this over a period of at least 6 months.

During the same time, try your best and sincere efforts to change your wife for good.

After 6 months, if she has not changed her behavior, file a surprise divorce petition based on "mental cruelty".

Send the divorce petition to your wife when she is in her parents house.

You mention in the divorce petition that your wife has misused RCR and has treated you badly.

Mention all instances of cruelty and submit all proofs collected in the last 6 months.

After few months/years, you will be able to get divorce.

Take other precautionary measures financially. Close any join accounts.

Do not buy properties in your name. Sell or gift any existing properties to your parents/sister.

Also get ready to face any false cases that your wife might file against you.

When you win her false cases, those cases become proof of the cruelty.

I assume that you have done your best to change and live with your wife.

If you have lost all your hopes and trust on your wife and yourself, then try the above.

Let the best effort be given to save a marriage. That is our cultural strength.

Every member in this forum hopes that as many marriages are saved than broken.

NUT (Programmer) 08 August 2014

Hello Nilay , I think you are being harassed because of your politeness and patience . I would suggest you follow Prasad advice to create evidence . Also meanwhile if you have perfectly made you mind to get rid of her . Then enjoy giving her same treatment like she does to you . 1.You should show your self cool and show no care attitude don't give any importance to her as a member of family . 2. Never listen and address her needs beyond basic necessity . 3. Stop physical relation ship with her and let her know that nothing really bothers you much . And you may leave her some day . Though my suggestions sounds crazy , sometime these thing must be done to make better half behave properly .

advocate Avdhesh chaudhary (advocate/ legal consultant) 09 August 2014

dear client, oneyear time is required to file divorce after RCR decree you can utilise that period for collecting evidence. you may file divorce based on this decree