Divorce or RCR??

S.B _Kolkata (Querist) 05 March 2011 This query is : Resolved
Dear All Advisor.
I got married in June 2008 and stayed 01 year with my wife but separated from my parents. I have only daughter of 1.5 years old and since from the last 1.9 years they are willingly staying at her parent's house. Already she has started to accused us by sending false fabricated sms. After our several request she doesn't want to come back and stay at her matrimonial house.

Her parents are also very keen to be isolated me from my parentsa as their greedy daughter wants to be. During our togather stay it was carefully observed by me that she is not fit for family life in every ways and means. How ever as on today my basic aim is to save my old poor parents from any kind of harasment by the gender biased law. And also to get rid of this relationship.

But I'll have to loose my daughter and that is my only weakness. Please advise me that how to get start fight with them. Though every month I am sending her money, sent her 03 nos letter with AD for her comeback, but they are here only to extort money from us. What are the step to be taken immediately, please advise....

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Dayananda Gowda (Expert) 06 March 2011
If you willing to live with her issue notice to come back to matrimonial house.

S.B _Kolkata (Querist) 06 March 2011
No sir as on date I dont want to continue this relationship. But not filing divorce directly due to fear of false 498a. what should I do now???

Devajyoti Barman (Expert) 06 March 2011
Then file RCR. In any case ,for the fear of reprisals you can sit idle for good.

Tajobsindia (Expert) 06 March 2011
The most safest for testing retaliation from her / her side if any file for Guardianship and Custody of child suit as well as RCR. I agree to Devajyoti.

adv. rajeev ( rajoo ) (Expert) 06 March 2011
If you filed RCR also she may file 498A, who said if you filed divorce petition she can file 498A.
It is better discuss with your wife and if she wants divorce then it is better to file consent divorce petition.

Guest (Expert) 06 March 2011
it is clear that your wife does not want to live with you than it is simple, talk with her reputed family members by way of panchayat and compromise on the matter of divorce by mutual consent

Uma parameswaran (Expert) 06 March 2011
"During our togather stay it was carefully observed by me that she is not fit for family life in every ways and means".From the above line I understood that You failed to observe yourself. Try to under stand her.A good counseling can change your life.

Kirti Kar Tripathi (Expert) 06 March 2011
My advise is that before taking any further action you both try to resolve your problems mutually, after all this is a question of one more life i.e. your daughter, who is being punished without any fault on her part.

Guest (Expert) 06 March 2011
Actions and reactions can be equal and opposite on both the sides, if none of you are ready to patch up. Relations can spoil further with no return to normalcy. So, either try for reunion forgetting all the past deeds and mistakes, or try for divorce once for all.

S.B _Kolkata (Querist) 06 March 2011
Dear All advisor,

I have already stopped to visit their house since from the last 1.5 years. My wife is still sending me various sms consist of demanding money for their maintanance.

I replied boldly that they need not to expect any paisa from me untill and unless they will stay with me togather along with my family. Now she has started to ask me to send her the birth certificate of my baby reason best known to them. I opposed to send it.

Neither she nor her parents have telephoned us since last 01 years. I am really in serious mental agony. And definitely I wants to be separated from her. Please advise me, what will be the right step to be taken immidiately???

Dayananda Gowda (Expert) 06 March 2011
It is the responsibility of husband to maintain her wife and children. If you have not interested to continue the relationship file divorce petition by giving prior notice. If she is living with her parents since from nearly 2 years 498 A is not attracted. Still you are in fear you will be suffering.

S.B _Kolkata (Querist) 08 March 2011
I apprehand that they will definitely be mobed to file false 498a if I file first Divorce petition. So I am unable to do the same although our maritorial relationship has got broken like irretrievable. Please advise me..