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soumya ranjan mishra   17 June 2021

Divorce

We had got married on Feb 12,2020
But soon after quarrel started on small issues,my wife did not want to stay with my parents after only staying at my home for 30 days,her brother used many slangs and hurled abuses over phone when i tried to contact my wife,she is not coming to our home and staying at her home and working there and earning same salary as mine,we both are govt officers,she has threatened to use false cases on us,their main motivation was to take me away from my parents,from the day of the marriage only,their family has shown very bad attitude towards us,
My wife has not returned to me since June 2020,and my lawyer suggested me to file RCR so i did so giving details of her mental torture on us and every other details so as to protect me from false cases,we have tried for reconciliation but of no avail,she has spread bad information about me everywhere from family to friends,she doesn't want to come to me nor want to file divorce,
I want actually divorce,but as due to my lawyer suggestion i filed RCR on Dec 2020,there are less chances of MUTUAL divorce as she is very adamant,there is no child and she had one abortion where there was no foetus in there.
Both of our relationship is dead now almost because there has been nearly 1 year we have not talked,and she is not picking up my phone and going over to there to her home,there is a chance she can do something fishy,
So i want suggestion how to deal with the case and get quick divorce,or to proceed with RCR first and then wait for her reply and then file divorce,still no hearing has been done on RCR case after 6 months due to COVID
So please give me suggestion which i require in dire terms as we have been facing mental trauma


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 4 Replies

Dr J C Vashista (Advocate)     17 June 2021

The opinion and advise of your lawyer is based on facts and correct, follow it to file a petition for RCR, which shall be a ground for divorce being "desertion". 

G.L.N. Prasad (Retired employee.)     17 June 2021

Appreciate your advocate's good advice.  These differences of opinion are common between educated couples during the initial days of marriage as it is very hard to adjust and compromise with unknown persons till marriage.   Have patience and mature persons can understand each other after some time.  Forget about the differences, ignore silly things, have peace of mind, and in due course of time, everything settles itself..  The only regret is much of youth is being wasted without peace of mind.

P. Venu (Advocate)     17 June 2021

The facts posted do not suggest any grounds for seeking divorce on mutual grounds. RCR is a legal option but institution the proceedings may boomerang leading to counter cases under DV Act, 498A etc. 

T. Kalaiselvan, Advocate (Advocate)     18 June 2021

Getting a divorce case disposed is not a quick process, especially a contested divorce.

Similarly the the disposal of RCR case also may take years.

In fact it is not advisable to file the RCR and go through the process for years before the case is disposed and the disadvantage in the RCR case is  that even if you get  decision in your favor, you cannot force her to rejoin you and liver together with you 

If she is not showing any interest to return to the matrimonial fold to offer you the conjugal rights/relationship for more than a year after you getting a decree in your favor, you can file a divorce case on the same grounds. 

That again will take another three to four years or beyond that.

Therefore it would be an option before you to withdraw the RCR case and file a contested divorce case on the grounds of cruelty or you can wait for another year and add the desertion also as another ground for seeking divorce. 

 


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