Wife joining just for fomality after RCR
Querist :
Anonymous
(Querist) 14 August 2010
This query is : Resolved
Dear experts
My wife is living separately in uttranchal from 3 years , I am in Bangalore. I have gone earlier to take her 9-10 times but she has not joined me. I had send here RCR notice 12 month back. She is coming to Bangalore from uttranchal this month. She is only coming for 15 days , she is not leaving her job in Dehradun. She is saying she will return back after 15days. I have good job I earn good salary, she is teacher in Pvt School. She earns around 8000permonth. I am alreday giving here 5000 per month for her pocket money. She can get similar job where ever I am posted. I can not get job in other cities other than metros. My worry is once she will go back after 15 days , she will again come as visiting faculty after 1 years. We are married from 6 years, have no kid. My wife don’t have any interest in family life, I have tied to take her to councillor to save our marriage but she do not listen to me and she do not listen any of her relatives. Every ones says to her go back along with husband.
My question is suppose she comes this month, again goes back after 15 days to Deharadun , she will just blame me I have not behaved properly with her and will not return back again for 1 year. Will my RCR notice will be effective? Will our separation will be considered from 3 years or legally it will be assumed she joined back and it will nullify my RCR notice. My biggest worry is, it seems she is just coming for formality. She is not ready for mutual divorce also.
Pl. advice
Devajyoti Barman
(Expert) 14 August 2010
First keep in mind that suit for RCR does not require any notice. The suit for RCR can be filed once the petitioner has realised that the respondent after leaving him/ her without any excuse refused to come back. There is no such prescribed time limit.If the wife refuse to come back to join her husband by leaving her job, the suit for RCR will fail.
In this circumstances you have to convince her for mutual divorce if you wish to move away.
G. ARAVINTHAN
(Expert) 15 August 2010
one cannot insist or compel to take part in matrimonial proceeding.
Court can order for RCR./ But court have no power to ask any one to live with other.
This is like " You can bring horse to pond - But can not make the horse drink the water"
Querist :
Anonymous
(Querist) 15 August 2010
thxs for advice..
My lawyers has sent the notice to her, notice was sent to her on 24.09.2009.
My spouse has deserted me for a continuous period of 3years now. Q1-can I have stong point. as per below act
" the other spouse has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition"
q2. If she comes back again goes back that deserted period will be zero... or I will be still considered from beginning ....
she is not reday for divorce, I have talked her many times, only option I have to contest..Q3. how many years it will take to contest the divorce
Koumarish Bhattacharya
(Expert) 15 August 2010
Yes, your only option is a contesting divorce case and there is no specific time for obtaining a divorce. It depends upon the Court, the Advocates of both parties, parties themselves and circumstances.
Guest
(Expert) 16 August 2010
Try to find the actual reason of her not to live with you, have a frank conversation ? May be case of misunderstnading (insecurity) somewhere !Once that solved then you can make a call to file divorce uner desertion grounds.
