RCR and Divorce

Querist : Anonymous (Querist) 15 January 2010 This query is : Resolved
Dear Sir,

I got married to a wrong girl who has almost ruined my life and career. After marriage she lived just for 6 days with me and she did not allow to have any phisical relations also during those six days. I tried to make up my relation and bring her back to my house but she did not listen anything. After that I wanted to file for divorce case because I can not live with her now but some lawers suggested me to file for RCR because they said that RCR will help me in false 489a case in case in case my wife files this. Exparte decision of RCR came after 2.5 year but my wife filed petition within 3 months against exparte decision. She is saying that she was not aware about any case.My court sent all the notices and we published the same in newspaper also. She is just trying to delay the case. Can I file divorce case now because RCR is still going on?I am really being tortured by my wife. Please suggest me what can I do?

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Sachin Bhatia (Expert) 15 January 2010
You have to withdraw the RCR case before filing Divorce. You can not maintain both these cases at same time.

Arvind Singh Chauhan (Expert) 15 January 2010
Bhatia Sir is right.

Raj Kumar Makkad (Expert) 15 January 2010
You should wait at least one year of passing a decree in your favour because after that only and only divorce can be granted on filing by either of the party.

Srinath Kondapally (Expert) 15 January 2010
really if u are not interested in your wife, bettterto withdraw RCR and filedivorce immediately, otherwise you proceed with RCR

B.B.R.Goud. (Expert) 15 January 2010
sir,
u need to withdraw the RCR and then only u can go for divorce, that too after one year of the marriage...

Querist : Anonymous (Querist) 16 January 2010
Dear sir, In my RCR case, decision came in november but my wife has appealed in court against exparte decision. During RCR case I sent her many notices for 2 years. I sent notice by personal court messenger also. Notice was published in news paper also. I sent her emails also to her personal as well as official email id about this case. But now she has appealed to court that she was not aware about this case. What can I do in this situation? Can I file divorce case at this stage.

Friends please help me I have suffered a lot due to my marriage.

Hardik Mehta (Expert) 17 January 2010
Rajnish,

Against the appeal, you say that the summons were send to her which she did not respond. Give the proofs of the emails and say that she has purposefully delayed the matter for 2.5 years. I doubt if the appeal will be accepted. This can take some time and by that time you can file teh divorce case on the grounds of desertion.

Querist : Anonymous (Querist) 17 January 2010
Can sms's and emails be considered as evidences in my case according to Indian evidence act? I am not sure if emails and sms's are considered as valid evidences in Indian evidence act.