Chitfundvictim (Software) 14 May 2015

Rcr after divorce

Dear Respected Members,

Here are the details of my case:

I was married about 4yrs back. However, right after about 1.5months of living together in another city (away from my parents), my father was disabled and therefore I had to shift to my own city. I got a new job and proposed to move back with my wife. She reacted violently, cried and made a big fuss about moving back. However, due to lack of options, I decided to move back. Owing to this decision, my wife went to her parents place and stopped communication with me. After about 3-4months, I re-established contact by meeting her at her home. After many more meetings at her place, she asked me to setup a separate house. Finally, I and her moved to a different house after about 7 months.

Again, one of the times(after 1.5months), I had to attend to my father's health (operation) and asked her to go to her place. She again made a big fuss and said she will stay alone in the house. I agreed and attended to my father. However, after 2-3 days, when I called her saying I am going to return, she got her parents to the house - they all shouted together and left the place after packing everything they got. I tried to keep contacting her and she intermittently responded but never met me. After discussions with a mediator arranged by her after 11 months, she filed a compliant with Legal aid cell. I explained everything to the legal cell and they counselled her to return to me. It was already more than 2 yrs by the time and I therefore filed for a divorce, citing mental cruelty.

After filing for Divorce, she has filed a case stating I have tortured her and then she filed a RCR, followed by Interim maintenance and Maintenance cases.The cases have been going on for the last 1.5years.

Could you kindly guide me on what are the chances of me getting a divorce , without maintenance - considering that she deserted me, I have made repeated attempts to get her back & that I have sufficient emails, fb messages, sms and other evidence of the facts I stated? I do not have kids.

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7 Replies

bsrao 14 May 2015

You can get a divorce but not without alimony. You better settle it out of the court to get on with your life at the earliest.

Laxmi Kant Joshi (Advocate ) 14 May 2015

You had not mentioned that either she is working or a not working woman if she is a not working woman and not having any other source of income to maintenance herself then court will order you to pay maintenance amount to her, you had written that she had filed rcr case it means she didn't want divorce she want to cohabitat with you, in this scenerio your case is not so easy to get divorce, talk to her and convince her for mutual consent divorce and then go for it .

saravanan s (legal advisor) 14 May 2015

if you could prove that she had deserted you voluntarily for more than two years then you would get divorce on the grounds of desertion.in that case she wont be entitled for maintenance.having no kids also means totally no maintenance needs to be given.as laxmi kant joshi sir had said she is cleverly playing by showing that she is interested in joining you by filing rcr thereby trying to dilute the desertion grounds on which you might claim divorce

Chitfundvictim (Software) 14 May 2015

Dear Sirs,

she has a masters degree and should be perfectly capable of earning herself. Also, as the RCR was a) filed after more than a year after desertion and b) filed after the Divorce, does it not show her mal-intent of putting up false cases? She has indicated that I tortured her physically even in the RCR, so, I was not sure how would the court look upon a case where on one hand she has filed a torture case and on the other she filed a RCR.

saravanan s (legal advisor) 14 May 2015

even if she is highly educated and capable of finding a job as far as the present scenario is concerned she is not working and cant sustain herself so the court would direct you to pay interim maintenance to her till the decree is passed by the court

Chitfundvictim (Software) 11 June 2015

Kindly guide me also on what I should be telling the court for the RCR she has filed

N R Dash.. (Advocate) 11 June 2015

Have you hired an local advocate???? Tell him to file an application to tag all the cases so that they can be heard on one date. Capable of earning and Earning are two different factors poles apart in the eye of law. You can not avoid paying maintenance or alimony to the wife.

How to present, can not be stated without evaluating the evidences you have. The facts and the evidences need to be examined to fit the case as per law. Otherwise, it would not help you in any way.