Divorce to be filed from my side or not...??
aman rajput
(Querist) 10 May 2013
This query is : Resolved
Dear Ld. Friends Its been almost 2.5 yrs my wife left me with my daughter on 07.09.2010 when my daughter was only 3.5 years old .
After 6 months of leaving me I got served her summon on March 2011 under Section 9 Of HMA RCR to call and join back her matrimonial home in return of which she filed false complaint against me in women cell on 16.08.11 i.e. almost after 1 years of leaving me & which further got converted into FIR under Sec. 498a on 14.03.12 after unsuccessful mediation between us in the women cell .
On September 2011 I filed another petition for Custody of my daughter under Guardianship ACT. and later on she also filed false DV and Crpc 125 case against me on September 2012.
Now I came to know from my sources that she is now been thinking and preparing for to file divorce from me on cruelty basis. Now even I m also thinking over to divorce her due to filing of false cases against me.
So viewing the above said My Questions are as under :
1.Will it be worth at this stage to withdraw my Sec.9 case and go ahead to file for Divorce against her on cruelty basis of filing false cases against me???????? or should I wait for her to firstly file the divorce case on cruelty basis against me...????????????? Which action would be more in favour of me...????
2. Viewing the above mentioned dates whats the status of my case in my favour ...????
Pls help me out for the abovesaid
Regards :Aman
Advocate M.Bhadra
(Expert) 10 May 2013
If you want to return back of your wife then continue the suit for RCR or let her file a divorce suit then you can contest.But in fact it is very difficult to execution of RCR order.On the other hand if you want to Divorce then your best option is to file a divorce suit on mutual consent,otherwise let her file a divorce suit and you would not appear in the suit then an exd-parte order may be passed and you got divorce decree.
V R SHROFF
(Expert) 10 May 2013
RCR IS not result oriented. is a useless exercise.
Action depends upon your Objective.
Devajyoti Barman
(Expert) 10 May 2013
You can well withdraw the RCR case now and file suit for divorce.
There is no opportune moment for it.
G. ARAVINTHAN
(Expert) 11 May 2013
At the present scenario, you better can withdraw the application seeking restitution and can sue for divorce
Raj Kumar Makkad
(Expert) 12 May 2013
This your third time repeated query so no reply from my side.
