Fresh petition needed...?????

If wife has filed RCR, question of desertion does not arise; If husband states that he is ready to accept his wife back, then the RCR and the divorce cases along with interim maintenance cases and 125 cr.p.c. will come to an end and automatically the dv case also can be compounded, try some amicable solutions atleast until all the cases are withdrawn, if she is not cooperating or cohabiting at a later stage, decide about the next course depending on the circumstance.  Advocate Kalaiselvan. Vellore, Ph: +919443441062

agree with expert.

Wife filed rcr but after mediation husband took her to rented accommodation from where she ran back to th flat once of husband now gifted to his mom. Isnt it desertion...?? Again husband says ready to cohabit but wife refusing... Rc r clubbed with125 crpc now.... Doesnt repeated desertion goes in hand with mental cruelty... She barges in flat and files dv....nobody frm husbands side goes to fight so dv is awaiting summons.....since 1yr.. I think they waiting for one more year for irbm law to get share frm husband. Wat shd be stand of husband....? Askn 2 much as lump sum.....

2. wife filed rcr+125crpc case at cross exam stage of wife .....interim not granted as husband gave say stating desertion by wife , he ready to cohabit but wife deserted so filed divorce.

your above question contradict's with your cases. As you have stated that interim has denied because you wanted to live with her and it was she who had deserted you.

 

My dear freind.........RCR is filed by her and you also stating that you want to live with her then here what is the purpose of filling divorce by you and continuing with that.

 

The judge may be happy to sent both the couple to their marital life if both are in same shoes.

 

 

@ Author,

Now according to your second post,

 

Why you both are behaving like Tom and Jerry? I can't understand.

 

Even you can say Like Vikram Betal......You are taking your wife to your home but she is again dodging you and goes back to the previous,,,

 

First clear me what you want exactly,do you want to live with her or to divorce her?

Divorce is the stand but tom n jerry are running not fir cheeze but money.. Husband wants to negotiate reasonably but wife asking fir his lifetime savings which becomes irrational Both donot want to live together but she not settling for adequate amount.. Greedy family and he i mean i don't wanna give everything... What will i get ...a mere decree and she would take away everything.. Thats where the cookie crumbled. Thus the fight is on for 2 yrs now.

You are claiing wife is living in adultery, forget about the proof....

you are claiming divorce, she is claiming RCR

the things is if you are dure that she is living in adultery, where is the qn of cohabitation....

you contest your divorce petition if wifre is not ready to discontinue her affair

Mam the problem is .. she doesn't care about family values, rcr was to weaken my divorce so that i succumb to their money demands. I agreed for co hab bcos im very sure she never gonna join me at my native ancestral house...... I know contested cases take years, but even i don't want her to feast on 24hma interim and later perm.maintenance. Its all about money.... Thats why if i don't weaken her case they won't lower down for settlement. I don't care about her adultery as i have no feelings for her...have divorced her from my heart long time back.... The day i withdraw my case soon she would withdraw her rcr and apply divorce again hma24 interim etc etc...... Mcd difficult as negotiations not working adequately..... She openly spoke in court she not willing to co hab at ancestral place... Statement not recorded yet..

Brother your wife is very clever and her lawyer is very smart.

But your lawyer seems like dumbo...

1. When you have decent ground of desertion plus adultery then why can't you go ahead and proove it. You have stated that the current place where you are residing is your marital home and she has deserted that place.You have a good ground of desertion. As she has willfuly deserted your company.

2. Make her RCR dismiss on this desertion ground and if you have stringent proof of adultery then you have an added advantage to get divorce soon and without maintenance,even though the willful desertion by wife leads to no maintenance to her. Fight with tooth and nail.

3. Dude to get freedom from dead marriage you have to any how release you hard earned money,so don't take it as granted that i will get divorce without giving any money to her if she is not working & not capable.

4. If she is not working and capable then interim maintenance should be given by you until the dispose of your main petition by either side bcz she had also filed RCR.

5. Her lawyer is so smart that to counter your desertion ground he/she had filed RCR but the motto is to only diffuse your divorce.

6. Concentrate to dismiss her RCR and uplift your divorce.

7. iF DIVORCE is granted on the ground of desertion or adultery then no maintenance/alimony to her.

8. If you have child then you have to pay for him/her , you can fight for your child custody if you want as it will easier to get once you get divorce on said ground.

9. Change your lawyer as soon as you can, hire a smart and effective lawyer who had recently won divorce cases.

 

10. Once her RCR is dismissed or you won the RCR decree against her then 100% divorce is guranteed.

Yup gotcha....!!! Even i am having a gf now...so its like both sides even..... Fine i think i would contest on desertion and cruelty..... Would pay in 24 hma till main petition disposal and would not let rcr go in her favour.... Have a 2 yr kid so i think i would be needing to pay for child maintenance.... Magistrates in chamber discussion discouraged contested case and asked us to go for mcd... Even i dont mind now but the debate is in finalising the lump sum...... Lets see..... Thanks for the advice