She has no alternative but to accept summon and contest through a local lawyer.

There is hadly any point in filing RCR case.

If she wishes to ruin her matrimonial life and peace of her husband she must file DV/406/498A cases, as counter-attack.

@ well Wisher ..............................Robin Hood /Knight of the Females who in desperate times of a lady in despair stands like a rock . In good times and in bad times in sickness and in health and in the absence of her husband  will stand by her  side to wipe away her  tears and  keep her warmth.

O lo i wish we had  such Robin hoods to care for our poor people in india ir-respective of gender who suffer from starvation  warmth and shelter . O lo what a beautiful place india would have been .

Now coming to the point .

1. If husband has filed Divorce and @ your lady does not accept summons repeatedly than chances are that a newspaper publication may be given and ex-parte judgement would be passed in the future . 

2. is your @ first lady a working women and does first lady have the capacity to repay the loan all by herself . 

3 . Is the house that is on Mortgage in joint name's  and who are the applicants to the loan .

4. Divorce cases can be termed  as valid or invalid if they unmarried or married as per Law . But once married by law than based on the grounds applicable for divorce and if the allegation are proved proved than divorce can be granted .

5. In india anything is possible and she can file cases like Dv and 498 A but how would she prove the same since you have not stated the grounds for the same .  While these cases are filed dont forget to accompany @  lady to court on each and every hearing spending the entire day over there and these cases take years for a judgement .:-) 

6. RCR can be passed by a court and whats the use . Bcoz  no law can force a husband and wife to stay togather .

If the marriage was solemnized in India as per Indian laws, the divorce suit has no legal validity filed in a foreign country by one of the spouse provided the other souse has accepted the summons and contested the same in that country.  Therefore receiving the summons from a foreign court will amount to accepting to fight the case in that country, subsequently, if not contested, the danger of granting an exparte decree of divorce are more.

Filing a RCR here in the local court may not solve the purpose but will have an evidential value for the future legal recourse.   I cannot suggest filing false 498a or false DV act cases against him without knowing that you have been subjected to such cruelties.  At the best, you can file a maintenance case u/s 125 Cr.P.C. which will have its own effect.

Better consult a local lawyer and proceed as per his advise if it suits you or have second opinion form some other lawyer.

1. Refusing to accept Summons have no sense,

2. RCR is useless since even if  he is directed by the Court to join you, he may refuse to do so. No court can force an willing husband to join his wife,

3. You can file 498A, DV cases on him to put pressure on him. 

@ Dr. Vashista:

Thanks for your time. Re: RCR filing, we hope that whatever maintenance and other clauses that we put in our petition should be become legal..

In case the husband doesn't appear in the court, our assumption is that my friend wins exparte case.

In this case,

1) Will the court direct the husband to pay the maintenance?

2) What is the husvand doesnt pay that maintenance?

1. Even without filing RCR case, you can apply for maintenance and get favourable order for maintenance,

2. If he does not carry out Court's order, the Ld. court will decide about its next course of action which may include sending him behind the bars also.

@Ganguly: The lady is earning at par with her husband. What will happen if the husband doesn't choose to counter act against the RCR itself? What if he doesn't accept the notifications/summons sent for RCR? Can the court still go ahead and pass RCR/ Maintenance plea in favor of the wife?

@Stanley: Let me answer your questions.

1. If husband has filed Divorce and @ your lady does not accept summons repeatedly than chances are that a newspaper publication may be given and ex-parte judgement would be passed in the future a. Does the ex-partedivorce decree recognized in India?

b. What if the husband obtains a decree and re-marries in India or abro@d?

c. Can we challenge the decree of divorce obtained by the husband in India? What is the process in this case?

2. is your @ first lady a working women and does first lady have the capacity to repay the loan all by herself . 

- Lady is working and earning at par with her husband

- Lady is not ready to pay for the montly instalment as she believes that her husabnd will continue to pay for EMI. If he stops, his credit rating will go down...and she wont lose a paisa as she has not invested anything so far in the house and kept the money to herself. We have been pursuading her to let him sell the house and she can keep a part of the sale proceeds with her as part of the full and final alimony. She doesn't agree.

- Assuming the husband stops paying for EMI...will it not affect the credit rating of the lady who is co-owner of the house?

3 . Is the house that is on Mortgage in joint name's  and who are the applicants to the loan .

Yes, it is in the joint name of the lady and her husband. Husband is primary borrower and the lady is co-borrower.

5. In india anything is possible and she can file cases like Dv and 498 A but how would she prove the same since you have not stated the grounds for the same .  While these cases are filed dont forget to accompany @  lady to court on each and every hearing spending the entire day over there and these cases take years for a judgement .:-) 

Lady wants to pressurize his husband and her family to come back to India. This is the reason she has been thinking on the lines of putting false allegations.

6. RCR can be passed by a court and whats the use . Bcoz  no law can force a husband and wife to stay togather .

Also, Will false 498A go against her?

Now Similar like Modi wave there is a wave in country against false/misuse of 498a so be cautious it can bounce back later because it is not the tool to  pressurize or call somebody from somewhere.

Use merits and proper law to move forward. 

1. Nothing fresh will happen,

2. Court will pass ex-parte order in favour of your wife in the said RCR case directing you to live conjugal life with her,

3. In case you do not join her, she will  file a divorce petition after 1 year and in such case it will be easy for her to get the decree of divorce. 

As in the case of Punit Batra the court will consider the income and expenditure of both i.ee.,  wife as well as husband and pass orders accordingly. 

If the court granted maintenance in favour of wife, husband shall have to pay or face consequency.