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Praveen (Lecturer)     18 January 2013

How to take rcr back and file divorce

I'm 39 years old and married for 6 years. I have 1 girl child and my wife is not leaving with me from past 3 years. In 2009 I asked my wife to postpone her internation to do BEd degree due to my ill health but she went to her mother's house with my consent. She completed BEd in 2011 jan. In between many email conversations went on between us. After her study i tried to pursude her to come back. I waited till oct 2012 and filed RCR. Judge referred to mediation. 3 sittings are over. In all sittings she has put conditions that she is ready to join me  only if i take house near her mother's house. I refused for that and inturn said she has to live with me where ever i go. I asked her not to put conditions if she is interested to come back. Now I'm confused with her intentions. She is neither ready to join me without conditions nor showing interest to reply to my sms messages. She is not picking my call also. I came to know from one of our common friend that she is not in hurry and she dont want to come anywhere outside her mother;s place.  Now I'm thinking to take back my RCR and file for divorce. Is it possible?if so, after taking RCR back i have file divorce or before that?  If i apply divorce what are possible cases she may file.


 6 Replies

sureshkumar g r (lawyer)     18 January 2013

Withdrawal of RCR is permissible in the court. Also you can file divorce petition in the court. But for getting divorce the grounds should be strong and clear without which you may not get favourable judgement. Better try to convince your wife and bring back her to the matrimonial house . After all nothing is impossible in a meaningful discussion.

Rahul Kapoor (Legal Enthusiast)     19 January 2013


you are master of your case and can take back anytime.

she can file 498a or DV or related provisions.

you should file an NCR that your wife is not living with you.

if you have returned her items make a list and get it signed by her in presence of a witness.

if you have taken decision to file for divorce then try to go for MCD.

But if possible try to discuss things and get her back.



Ranee....... (NA)     19 January 2013

Why she is doing so?Is she doing any job in mother's place?If so why don't compromise little bit as she earns then it will be beneficial to your family too.

Praveen (Lecturer)     20 January 2013

Hello ranee,

Yes. She is serving as high school teacher in private organization. From past 3 years i was forcing her to join me. I used to tell her let us go any forign country and earn some money. We can come to her mother's place after buying a property. She always refused to listen me. She used to tell me " You are unfit to be husband as you have not saved money for your daughter". After filing RCR they referred to mediation. When Mediation process started she put me two conditions 1) I should not ask her salary and she will not reveal how is she will spend that money. I should spend for all expenses of house and have to give some money to her as well 2) I have to take house near mother's house or any where in that place.

I told her clearly that " if you dont want to share any of house expenses then let me decide where i have to live".  She always poses that she was interested to come back and i have not took her to my house. If so she has to come back immediately getting RCR notice. But she is putting conditions which i'm not putting her. 

So I want to take RCR back and file divorce. Is it ok if i do that after their objections to my notice in the court or before that can i take back that?. 

What are complications of taking rcr back and filing divorce? Will i get desertion ground after her objections?

I heard i have to pay compensation to my wife also though she is earning if i go for divorce(after taking back RCR) and compensation is only for daughter after RCR is allowed and she dont join me.

If i contest for rcr in court and win it what are the comlications if she want to harrase me? if RCR is not allowed what are complications?

I feel she should have come to me by now if she wants to come. If she dont want to come after RCR is allowed then she may harrase me.

How many months court may give her to join if RCR is allowed. 



Praveen (Lecturer)     20 January 2013


Pleas suggest me about maintenance.

My gross salary is 43k per month(excluding income tax) and my wife's salary is 15k per month.

What  maintenace i have to pay if i go far divorce after winning RCR and she dont join me.

What is the maintence if i take back RCR and file divorce now?



Rahul Kapoor (Legal Enthusiast)     20 January 2013


if she is working and able to maintain herself then not entitled to maintenance.

u need to prove the same.

if you win RCR then chances of maintenance are less( there is a case law on same).




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