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Rahul Rajput   07 June 2018

I want divorce but wife doesn't

I want divorce but wife doesn't

i did marriage before 1 year. my wife's behavior was not acceptable from the very 1st day. She doing government job as teacher. now she left my home before 1 month. i talked to her and told her that i need divorce from her. then she replied that she will never give me divorce. Again and again she left home with small small issues.. i did a lot. but there is no result. For her i did all household work like kapde dona, jadu pocha.. Ishne saaf mana kr diya kam krne se... But apni shadi save krne k liyea mein sab kiya.. But she not happy at all.. and she is 8 months pregnant also.
I also send notice to come back from my advocate but she refused she don't want to live with me in my house... She wants to live with her parents... But in my family me nd my mom nd youger brother.. My brother is single. And mom not well.....she need care.. All responsibilities of my family on me... She don't care of me and my family.. Now i want to get divorce but i she refused always then on what ground i file divorce... Can i file RCR before divorce.. Pls suggest...


Learning

 11 Replies

TGK REDDI   07 June 2018

Generally application for Restitution of Congugal Rights is filed but I see no reason to have a resort to it.

You can apply for contested divorce.     But, before that I suggest that you should apply for judicial separation.      It's safe for you but you can't take a second wife.     Your wife is not strange and you can't expect a better wife.       On the contrary, it's quite likely that you'll get a worse wife.

Vijay Raj Mahajan (Advocate)     07 June 2018

Workout for divorce by mutual consent with your wife, contested divorce will take number of years and as in your case chance to get it is not so easy.

TGK REDDI   07 June 2018

Mutual Consent Divorce in this case means surrendering to the whims and fancies of the wife.

Rahul Rajput   07 June 2018

She dont want to live in my house and don't give me divorce also then how it possible to take mutual consent. Pls suggest if i am file RCR it will help me to get divorce as soon as possible... And pls also share how much time it will take for whole process.. RCR and divorce

TGK REDDI   08 June 2018

" how it is possible to take mutual consent"

The answer is given in my above Reply.     By meeting her demands.     She may demand your entire property.

Restitution of Conjugal Rights is not a proper solution.      She doesn't want to live with you.     She won't give you divorce either.     This's the game played by many wives.

Unfortunately women are at better convenience in leading separate life than men thanks to the gender-biased laws and gender-biased people, especially men.

Even then the best option for men is judicial separation pending divorce.     They'll save themselves from Sec 498A, etc.

Rahul Rajput   08 June 2018

Hi reddi sir, what benefit of judicial separation.. And wht disadvantage of RCR.... Anybody pls explain... M in doubt

TGK REDDI   08 June 2018

She'll agree to live with you in response to Restitution of Conjugal Rights because, if she expresses her unwillingness, she'll be deprived of maintenance.    So she'll return.    She'll take revenge.    She'll involve you in criminal cases.     She may even complain that you raped her.     These're the times for women.

Judicial Separation is quick.     She won't have any chance of sending you to jail.     You'll thank her.      Let it take thirty years in Courts.     You'll have to pay simply interim maintenance which will always be less.

It's very difficult to avoid the meaningless maintenance thanks to gender-biased laws.

The only draw back is you can't marry another woman.     In my opinion, this's a blessing in disguise.     You won't be tied to the apron strings of the wife.

I don't advise you to refain from adultery.      But be careful.     Take extreme precautions for saving yourself from the ogresses who enjoy s*x and immediately cry, " Rape ". 

Rahul Rajput   08 June 2018

Then there is no any hope for normal life... I menttaly disturb in this situation.. No bdy help me.... Ohh god show me way for normal life... I want to feel relax...

Rahul Rajput   08 June 2018

Sorry kamakshi i am not getting uu... In wot sense u saying like that.... Can u explain...

Kumar Doab (FIN)     08 June 2018

You can file RCR.

You can attempt for MCD.

 

Rest IT shall be certainly appropriate to involve elders of the family, competent and experienced well wishers, mediators and try to resolve without litigation…

If all efforts have failed IT shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Family  matters and well versed with LOCAL applicable rules/laws/personal laws that apply and having successful track record…. and worth his/her salt..by showing case related docs and giving inputs in person.

Your counsel shall examine all docs, records, inputs and advise you properly on merits and chances of success………. And also hazards of retaliation from OP and counsels of OP.

One should not initiate litigation on impulse.

Your counsel and well wishers can help to conciliate, arbitrate and try to bring the parties on table to resolve the matter.

If your matter land up in court then remember court shall decide on merits and evidences..and IT takes time and money to be in courts.

 

One should not approach courts empty handed.

One should gather irrefutable evidences and draw strategy for legal fight.

If litigation is the only recourse then one should fight lion hearted and with from plan and on basis of irrefutable evidneces..

More so in the light of latest ( few days back) judgments that are favor of fairer gender ...

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TGK REDDI   09 June 2018

Shri Rahul Rajput

Dear Sir

There's no way to tell you for living a normal life.

People shortsightedly complicate their lives themselves and opt to live miserably.     Men don't live and don't let live.     Women live but don't let live.

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