Divorce ground - nri

Based on brief to apply for divorce in India minimum 2 years desertion is required. She left you only 8 months back with return 'gift'.

Your working country divorce is not valid in Indian soils.

Suggestion; you have to wait 12 months to use grounds "desertion' and while waiting read thoroughly Family Law / Criminal Law and Civil Law forum discussions starting from thread post no. 1 till date.

@Tajobsindia - Thanks for the reply. She left after initial 2months of my marriage(2010) which is almost 2 years ago. She didnt utilize the spouse visa and return flight tickets from india to my work country in 2010 end. As per FIR, created in 2012 mid she stated she is living in her parental home from 2010 end due to demand of dowry and harrasment.

So I have the ground now for more than 2 years of desertion. As per my research in forum, Before 498a if the husband have given RCR which might help him from fighting against maintenance cases.But I haven't given RCR.

I have only proof that I am not the reason for desertion.Because I have sponsored the spouse visa and flight tickets to take her back. She only refused to return and she is the reason of desertion. Will this help me against maintenance cases and getting divorce?

@ Narain,

As Tajobs advised, 2 years required to seek ground under desertion. If you have sponsored Visa and air tickets, if she refused then from that date, once you complete two years period, file under desertion ground. Coming to RCR, it is no safe mechanism or advisable to use it when you decided to part ways with your spouse, instead one must file Divorce with valid ground. Any cost, be prepared to fight 498a. It is myth that RCR will negate 498a and prevent it.

I hope Tajobs will agree with me..