pavvan 29 April 2016

Advice on RCR

Hi experts, Wife (working post graduate) left matrimonial house 6 months back and then wife and in-laws started framing new family life adjustment (timing, food, privacy, etc) issues as rude allegations on husband family members, husband has been trying for mutual settlement, wife disappears and no contact from past 6 months, and in-laws not responding for any settlement. Please guide in following questions: 1) Is it advisable for husband to file rcr now or after one year of physical separation? (For avoiding the dvc filling by wife once rcr is filed) 2) Benefits of filing pre litigation case before filing rcr? 3) If mediation is failed/not attended by respondent at pre litigation stage, and once after filing rcr by husband does court again sends it for mediation? Thanks in advance,

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Vijay Raj Mahajan (Advocate) 29 April 2016

Good thing that wife is qualified and working woman, so claim of maintenance from you is minimal. File for RCR now if you want to restore your conjugal relationship with her, don't wait for one year separation as nothing much will be achieved by it rather delay in filling RCR will go against you in achieving goal of resuming conjugal relationship or decree of RCR.

Dr Martin Campbell (Doctor) 29 April 2016

File RCR for now, and wait for it to come in your favour. Then make that a basis for asking divorce. By the way you can also file divorce directly after waiting for 1 year to get over, and simply send advocate notice to wife asking her to return wtih all conditions mentioned from your side.