Divorce on Cruelty and Desertion or only Cruelty

Hi

I am also facing similar situation .

Don't argue or abuse your wife. Talk to her kindly invite her to join you .If she refuses then file Restitution of Congugal Rights in the FC. This will save you and your family in the event of false complaints by your wife's family.You need to be mentally prepared to stay calm for next 2 or 3 years what ever your wife say or do.

file divorce very fast on basis of adultery, cruelty and desertion , let her speak watever she wants , just keep ur recordings safe.

yes, you are correct. restitution of congugal rights is preferable.i don't know why parents of the girl are so keen in spoilng their daughter's life, get a divorce, and re marry. later she'll feel, or if they wish for a divorce, get it by mutual  consent.

@Raj,Harini,

Due to many incompatibilities i am thinking of getting divorce. RCR is something which i would never do as i dont want her back in my life.

@Avnish

From above fact does it presents strong case for divorce ? Its been a year since she deserted me. Would case stand strong on reason of cruelty ?

Thank you all for your replies.

@ Author

@ Legal:

1. If she uses Email then send RCR request (soft toot he point love letter to re-join matrimonial life is what I mean).


2. Send regularly some money by hand written money order service let her refuse the same. Keep Xerox copy of receipt as well as MO Form.


3. Send love letter (short) to her physical address using RPAD asking her to rejoin matrimonial home.


4. Keep audio recording in safe place.


5. File a simple Police Report of wife left with child at nearest police station and mention a small sentence stating threat to your and your family plus to your wife and child and take stamped receiving.


6. The safest suit that you can file is for S. 12 R/w S. 17 GWA for visitation of child at a neutral place convenient to both of you. Also file a separate application in same Court to voluntarily giving of certain maint. amount pm to child upkeep.


7. If divorce is to be filled then take it will become a retaliation ground for them so be prepared before hand and umpteen advise I have spoken here.


8. Take your family to SIFF local city group (Men's Rights Activists group) for uplifting self esteem and for counseling.


9. Collect evidences of her education / job if any.


10. RCR will never work and if it is decreed even GOD(s) can't make a Indian wife come back to your bedroom (read as cohabitation under a roof)

11. Start preparing yourself and your family for minimum 3-5 years of suffering and or if you have good bank balance then go for MCD.


@ Take:

1.1 Unfortunate but very limited options you as a Indian husband have.
1.2. Or file Divorce suit plus guardianship (visitation) and contest tooth and nail to see her hair turn grey for another 3-5 years.
1.3. Be a debit man instead of being her ATM The Man (read as lap dog) but do invest on child’s future.

Thanks TajobsIndia Ji.

I appreciate your inputs.

My query is does case stand strong on mental cruelty basis alone.or should i wait for 2 years desertion (currently its 1 year) before filing divorce.

@ Author

@ Take:
1. Indian Husbands need to work extra time to make their case(s) strong.
2. It is immaterial if my view is YES or NO. It is your case and you have to make it strong in gender injustice arena.
3. Even after this much gyan if you ask again same que. then I will not pitty you.

Thank you TajobsIndia,

Understood your pointers and Apologies for asking same question again.