Rcr or divorce whic is the better option for men

manager

Respected Members & experts,

Need very urgent help!!!!

My marriage took place in Dec., 2012 me & my wife is staying together bt she has tortured me a lot, lots of blackmailing regarding suicide domestic voilence & dowry has been done from her side for that i have launched an information report to police station for sake for future evidence.

But now i dont wanna stay with her & she is not ready for MCD and not even ready to leave my house, as iam working outside so we both are living alone from parents.

My lawyer told me that on the basis of information report we can file a divorce petition but some experts are suggesting me for RCR, kindly help me out how i have to proceed, if with RCR then what to do as she is staying with me only, if RCR can be filed then what to do for divorce as ultimately i want to get rid off her.

Kindly give suggestion as much you people can at the earliest,

Thanks in adavnce

 

Regards

 

 
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healyhcare

1. Boss , she staying with you, 4get desertion as a ground for divorce, on what basis you would file rcr????
2. divorce you file would need strong grounds of mental cruelty or non cohabitation of conjugal life.....
3. if you really and genuinely fed up be ready to contest cases and pay interim if alloted after she files counter cases of maintenance....
4. one option of real efforts is , you go to a rental dialapidated house having toilet bathroom close to your work place, file rcr and ask her to join.....
remember divorce if contested and not mcd needs tons of patients and strong grounds.......

 
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Practicing Advocate

If ultimately you want divorce then, do not file RCR it will be just a waste of time.


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manager

Archana Madam,

For me it is becoming terrible day by day as i told you my entire case earlier also, i tried a lot to convince her parent also but they simply wants to blame on me after listening to her daughter, 

One thing i wanna asked shall i now directly file divorce petition on the ground of cruelity as she tortured me a a lot, we didnt had an intercourse during our six month married life, will that help me as i have already filed a complaint in police station regarding her behavr & blackmailing.

kindly suggest me at the earliest

thanks in advance

regards

 
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Practicing Advocate

File for divorce on the ground of cruelty if you have good evidence along with an application u/s. 14 HMA showing exceptional hardship being caused to you. Draft the petition and application properly. Engage a good advocate, as you are filing before one year of marriage and it really requires good legal skills to convince the court that how the petition is maintainable. Bcoz remember that the courts are generally reluctant to grant divorce and here you are coming for dissolution of marriage within 6 months.


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manager

Thnx for the prompt reply madam,

I have few evidences i.e. voice recording of her giving ill treatment to me, my lawyer is saying that it clearly shows the cruelity on you & she herself has accepted in recording that she dont want to have an intercourse for 2-3 years.

and accepting that no dowry has been asked my any of our family memeber, does it help me out madam.

 
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Practicing Advocate

It will help you.


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manager

Thnx archana madam

 
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before one year is a very challenging and to file a divorce petition against the torture meeted to you is to be well drafted and filed in the court 

it is very good case and also it should be taken in to confidence prepare yourself with the evidences you have garnerred and also the police complaint and file 

 
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