Rcr case filled - unable to file divorce

This query is : Resolved 

19 September 2019

Dear Sirs/Madam.
RCR has been filed on 06-06-2018 and I have been in separation from wife since 10.11.2017. She has no interest to rejoin, whereas she is misguided by her counsel and they are intending to get orders for money around tally of 22 lakhs (marriage exp+reception exps+ engagement exps+house warming etc). Now we are nearing minimum separation of 2 years and I also not willing to live with her anymore. But im in a situation of not filling divorce where she is expecting me to file and steal money with orders by court. She also filled IA -Articles return with back up of utensils –incl (spoons-small 8, big 2 as such). This shows how money minded she is. Please advise how to rescue from her. I have accepted to return her articles but they're arguing they'll take the property only if orders passed for IA and they're tempting us to file divorce under cruelty. Oppn counsel is dragging the case as much for money. Please help me how to defend from her claim of marriage exp etc which is not been able to reimburse.


Isaac Gabriel (Expert)
19 September 2019

What are all stated is common in RCR cases.Inasmuch you are sure that she deserted before two years,and never returned, argue firmly supported by evidence or relations, friends etc.,

19 September 2019

Dear Sir,
They have to protest and prolong the matter so that she may get frustration and accept divorce on minimum alimony.

HELLO (Querist)
19 September 2019

Thanks sirs...

SHIRISH PAWAR, 7738990900 (Expert)
19 September 2019

Dear Hello,
If both of you husband and wife are not interested in cohabiting in that case you can file for mutual consent divorce. You can negotiate for final settle with her.

HELLO (Querist)
19 September 2019

She is not coming for mutual divorce sir... Deliberating dragging to extort money... She neither lives nor allowing me to live my life....

Dr J C Vashista (Expert)
03 October 2019

If she do not agree for mutual consent divorce, move from your side if you want to buy peace and there is some truth in the story.
Amount to be paid to her as alimony is a secondary issue which you can negotiate.
It would be advisable to consult a local prudent lawyer for better appreciation of facts and documents, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com or visit: vakil-saab.com

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