Ready to sign divorce papers but not ready to go to court

Querist : Anonymous (Querist) 09 January 2011 This query is : Resolved
My wife deserted 8-9 months ago without any sufficient cause just on the instigation of her mother on legal issues.

Now she is not ready to come back until her undue demand is accepted.

She has written in her 2-3 mails to husband to take divorce and get married again

One day she said she is ready give divorce and ready to sign papers.When husband asked for signing the papers and go to court then she said she will sign papers but not go to court.

What is the option before the husband.

Go for Mediation (She has already denied for mediation)

Which cases she can file after this

Go for RCR (She may defeat the purpose by coming for small duration and go again)

Which cases she can file after this

Divorce on Cruelty (Enough grounds are there like abortion without consent,braking fingre, cut,shouting in presence of relatives,going to parents house on small argument,stopping preparing food, taking care of child, refusing sexual relations etc.)

Which cases she can file after this

Both have married for the second time and both of one child from the previous marriage/ no child from this marriage.

Husbands net take home salary is 75000 and wifes salary is 20000 and she has deposits of Rs.20 lacs which is took in the 1st divorce.

In above situation do husband need to give maintenance although he is ready to take her back and approached them a number of times though friends,relatives and directly but they are adamant (PROOF IS THERE IN THE FORM OF EXCHANGE OF MAILS SMS ETC.)

PLEASE ADVISE SAFEST NEXT COURSE OF OF ACTION

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Devajyoti Barman (Expert) 09 January 2011
Once the wife has left her marital place and stays separately the husband needs to givve her maintenance. Though she earns but that is not at par with the husband and hence the court may pass any token amount of maintenance.
In this circumstances I think the husband should file a case for divorce without much delay.

Amit Minocha (Expert) 10 January 2011
file a divorce petition. she is not entitled to any maintenance for herself. I think this query has been answered earlier also. amitminocha@yahoo.com

Querist : Anonymous (Querist) 11 January 2011
One expert said that no maintenance is required other said will have to pay.

Because of this confusion i am not in a position to take any dicision.

I request to go through the facts of the issue invovled again.Husband has no mistake she has left on her own on flimsy grounds.

Someone said to file RCR so she can't claim maintenance

Someone saidc to file divorce as she may defeat RCR by coming for short duration and going back again.

Please help me by advising clearly.

Thanks in advance to all

Advocate. Arunagiri (Expert) 11 January 2011
If her income is not sufficient to meet the expenditures, you have to pay the maintenance.

Whether to file RCR or Divorce depends upon your will and wish?

Querist : Anonymous (Querist) 15 January 2011
Although i want her back but others in my family are not ready keeping in mind her past behaviour.

But i am thinking that she may change but RCR is also very length process and takes years.

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