Divorce

My story goes like this :

1. Wife left my house 3 yrs back. Now working in a Residential Govt. Project School near her parents house.

Golden opportunity.  File RCR and also claim maintenance as she is working in a govt job.  The moment she sees that you have claimed maintenance.  She come running to you.  She agree to all terms and conditions. Provided you are not in a government job.

2. She gave birth to a baby boy 2.5 yrs back. the baby is staying with her in the School Hostel.

3. I`m persuading her to come back to my house for the last 3 yrs. But she is adamant not to return. She is not ready to leave her job there. I told her if she want to wotrk then she should work at her matrimonial city.

3 years is long time.  File RCR immediately and later on file an application for  maintenance as I have told above.

4. She is telling me that she will not return and she will not give me divorce. Instead she is asking money from me.

What money she will ask you?  She in government job.  You ask her money.

5. Whats shall i do for this critical problem. Is it a fault of mine that i`m asking my wife to return to my house and lead a normal family life so that we both can together built the future of our son.

6. If i file for RCR then what advantage i may get.

First file RCR.  She will have to reply to your RCR, if you win RCR then it becomes easier for you to get divorce.

But also file maintenance application for yourself as she is working in a govt job.
 

Pls advice

Dear @ Helping Hand :

She is working in a Govt Project School which is residential school. She is earning Rs. 12000/- p.m. I`m working in a private company earning Rs. 15000/- p.m. The baby is staying with her at the School Hostel. She is asking money every month on the pretext of the expenses due to the baby. I`m not sending any money to her because my son is 2 yrs old and i just got my son for 16 days only.

When i`m being denied of my fatherhood then why shall i sent her money.

There is a emotional logic behind what you say, but legally it is your kid, and you and your wife have to bear its expenses equally!

YES I`M READY TO ACCEPT HER AND THE BABY AND BEAR ALL EXPENSES AND RESPONSIBILITY PROVIDED SHE SHOULD COME BACK TO MY HOUSE IMMEDIATELY LEAVING THAT JOB.

As I said yours is a clear case of desertion.  YOur wife moved out and is not coming back. First send a legal notice via lawyer stating the facts and ask her to join back say in the next one month or you will be forced to go for divorce based on desertion.  In RCR state your story and ask her to come back.  And she has to reply to your RCR in positive or negative.  If she is willing to come back she might put few  conditions.  If she is adamant, then she wont come back and will state as such in her reply or in mediation.  All of these will take 6 months to 1 year to happen.

Next is, you need not have to pay her alimony as she is already working, so make sure your notice/RCR goes to her govt school address.  But WRT your kid, you will have to pay money which of course will be decided by the court on basis of your income and her income.

If i do win the RCR then can my wife file maintenance for the child. How long RCR takes to give the verdict. After filing RCR if my wife files for 498A / DV then shall i get arrested.

Once you have filed RCR matter of fact as matter is in court she cannot gor for a 498a, if your stars are lucky enough, but if you are scared about her next move, get an AB in advance to avoid arrest.

Regarding DV case, it can be filed anytime even after you file a divorce petition.

@ Helping hand

sir I had filed RCR , then wife filed 498A only on me, and chargesheet is produced in court but charges are not framed now we applied for discharge ?

First you should know what is RCR.  RCR is restitution of conjugal rights.  ie for husband or wife if one has deserted the other or is not willing to join [cohabit] then you seek the intervention of court.  Whatever case the wife files, a 498a or DV it only shows how cruel the wife is, and when you have filed the RCR it only shows that inspite of her cruelty you are ready accept her back.  Now such wife who has filed a 498a or DV will definitely not cohabit with husband, then automatically it becomes a ground for divorce ie desertion.

Be it shonee kapoor or anyone else, even I have been telling RCR is of no use, but its only on paper.  As no court can force any husband or wife to cohabit with each other, in such case, the RCR is just a toothless tiger, but it goes on record when it is on paper in black and white is the beauty of it.

What importance does a RCR hold, I have explained in the above para.

any way i wish to say i filed RCR then i also i did not got benefit of it,

What benefit were you seeking?  Your wife should join you or your wife should not have filed a 498a???
i won RCR still 498A is running so how you can say wife will not go for 498A after RCR?

please ellobrate and h0w win can get benefit of it according to mr. shonee kapoor RCR is use less>>>>