Dear Mr. Navdeep,
1. In my opinion you must not withdraw your petition filed u/s 9 H.M.A for R.C.R.
2. If you withdraw and file another petition u/s 13 H.M.A on the grounds of cruelty or desertion then she will contest such petition and the time consumed for such case matter to be finally disposed off would consume more than two years.
3. If you continue with your petition u/s 9 of H.M.A it is likely that she may not appear and then you have the court try the matter ex-partee and you can receive the R.C.R. decree within six months.
4. After having obtained such R.C.R. decree you can deliver the certified copy of such order of the court on her through Registered A.D. Post to honor the R.C.R. decree and join you back as within the specified time mentioned in such order.
5. If she wants to appeal against such ex-partee R.C.R. order, she will have to make application before the competent court to stay such decree of R.C.R. and if she does not make an appeal within 90 days from the date she comes to learn about the issuance of such decree, then the R.C.R. decree will remain in force.
6. Later, if from the date of passing of such decree there is no co-habitation between you two within one year, then you can file another petition for divorce u/s 13(1-A)(ii) of H.M.A and can get the marriage dissolved very quickly.
7. Also by adopting such procedure, you can rescue yourself from paying her any interim maintenance or alimony (which otherwise you would be required to paid by you if you file a petition u/s 13 (1) (i-a) or (i-b) of H.M. A. ) since she has herself refused to join you despite the R.C.R. decree.
8. As also later, if you can choose you can have such R.c.R. decree executed by the Court upon her by filing execution suit under order 21 Rule 32 of Civil Procedure Code, 1908 and seek attachment of her property.
9. If you need further clarification and more discussion then contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
