My wife refuses for divorce and wants to stay alone

I've tried all attempts including counselling. This is a bad marriage and I cannot waste my life. Both of us are staying apart..What is the point in living like this when we both cannot work out the marriage? She wants to live alone, rather let her live alone but agree for a mutual divorce.

first try to settle amicably if nothing is obtained then file petition for restitution of conjugal rights. and dessertion is also one of the fault ground for divorce and if u have proof of her gud income then she will not get gud maintainence under sec 125 crpc.

Can any expert through some light that when husband is sure that after decree of RCR wife is not going to come back than what are the benefits of filing RCR ?

What are the negative points of filing of divorce case by husband if wife has deserted but 2 years have not elapsed ? 

When husband is sure that after filing RCR wife is not going to come, its like heaven for husband, it happened in my case 

And yesterday I filed MCD alongwith her on my terms and conditions

1) Filing RCR means you want to save marriage...If wife does not even contest it, you win it expartee and get the decree, stay silent for a year and file divorce on ground of one year separation after RCR decree.

2) After I won RCR, wife and her relatives feared that I will file divorce using the decree.

3) They filed false complaint in CAW cell. As RCR decree was in my hand I ended up matter on my terms and gave alimony that I had decided.

4) If they would have gone to court I wud have fight false case for justice and divorce case on basis of RCR decree so in-laws and wife's hands were tied.

How much time it took in getting RCR and what precuations are required before filing RCR?

Does pre-litigation mediation is also ok instead of filing RCR and after that filing divorce will have some wheitage.

Please advise as i am planning to got for pre-litigation mediation and then next step.

Precautions:

1) Record conversations that may help you later

2) Record that she is not ready to join you for whatever reasons.

3) Record any threats that she is giving you

After preparing file RCR, write all the facts in RCR petition, if you are right and the the girl is wrong she will try to avoid court. Pre-litigation mediation is fine, you can also mention it in RCR that you tried these steps and still she is not willing to join you. Record all such conversations in mediation.

RCR has much-2 weightage in eyes of law, it will help you even if wife files dowry cases and all.

What I personally did is, gave just one chance to wife in medtation thru relatives then went in court and avoided any out of court mediation tried by one of her relative. most of her relatives were against her.

Even in CAW cell, they wanted out of court settlement and want me to except her, but I told them clearly that follow legal path. 

Moral of story, once ball moves in court/police it should be ended there itself, no out of court settlement

Regarding time in finishing RCR, if wife doesnt turn up in court , it will take 3 months (provided your advocate must be smart and able to do settings with ppl in court)

Otherwise it may take 1 or 2 year max (A lot depend on the lawyer)

Dear Adarsh,

I am in a similar situation, and the IDOP is going on and on for the past 8 years !.

I filed for divorce, so she is prolonging even the petition being heard on some pretext of the other !

Whereas, she has got good earning , a place to live, etc

Her only aim is to get all the money I earn and that I am to get money from her for my expenses

The courts take a long time to settle the issue, unless you are in a position to hire a dedicated lawyer who will understand your plight and argue for your benefit

Six lawyers and six judges later i am still where I started - She in her house having all the good of life and I attending court once/twice every month

GOOD ADVICE : NEGOTIATE AND SETTLE THE ISSUE OUTSIDE COURT, GET THE SETTLEMENT SIGNED BY BOTH PARTIES, NOTARISE THE DOCUMENT AND GET THE DOCUMENT ISSUED BY COURT

FIGHTING IN COURT IS TEDIOUS AND NEEDS A GOOD DEDICATED LAWYER AND MONEY

(No intended bad feelings about lawyers, but there are very few dedicated lawyers who will attend these petitions)

GOOD LUCK

So what is the best way to win the case ?

I have email  sent by her in which she had written to me to take divorce and get married again.

All her relatives are in my favour and they tried their best but she and her parents are not agreeting and wants their undue demands to be met first.

I have proofs of cruelty by her on me also in the form of ex-ray,injection slip, emails etc.

Please advice.

Dear Bhaskar

ALL LEARNED ADVOCATES PLEASE EXCUSE, NO INTENDED BAD REMARKS

Trying to prove who is right (or who is wrong) is court is rich man's passtime !

You got a good dedicated lawyer and enough money and time on your side, go ahead, but finally you end up throwing the basket WITH the baby away, trying your best negotiating IN THE COURT.  You would have seen, hearing and subsequent orders mostly favour the female.  YOU would get something favourable provided you are able to submit your evidence 300% prestine, unlike the famale side, where a mere jiff of evidence is sufficient to start the ball rolling

May be the law-makers had only the most backward ladies of our society when they signed the laws, again probably bearing in mind that the weakest get their lives back

So it happens, now that, this thread has now been taken up by the 'learned ladies' even on small pretext to drag things in court.  Oh. . . . it can go on and on.  There are times that these 'ladies' will appear so docile and sincere, that you will loose sleep or have crazy thoughts afterwards.

Again my best advise

GET SOME MEDIATING PARTY OR PERSON WHO WILL UNDERSTAND THE SITUATION/PLIGHT (There are advocates who are very tactful in applying reasoning in getting things done, albiet costly) AND STAND TO AGRUE TO SETTLE THE ISSUE.  BUT WHATEVER BE THE OUTCOME, GET SOME INSIDER TO KNOW THE INTENTIONS OF THE OTHER SIDE, PLAN YOUR NEGOTIATIONS ACCORDINGLY AND SETTLE THE ISSUE.

No point in throwing bricks at one another, or trying to prove who is good/truthful in the court.

The court rules without consideration for emotions or such.  The Court decides on technical value of the agrued point.  Hence, be it a petition under Civil or Criminal procedure, the Judge is basically a technical person.  Only after such consideration, does the Judge give a little lee-way for benefit of the female

Hence, as nobody can really prove a technical point with tangible material, mostly all technical points (of both parties) are given equal bias and then weighed.  Here is where the advocate scores with his best arguments.  Further, all judgements are also biased by personal feelings to some extend - That is human flaw ; be it the Advocate or the Judge, You or the other party.

YOU WANT TO END IT, NEGOTIATE AND SETTLE THE ISSUE

YOU WANT TO PROVE IN COURT, THEN BE READY FOR

War of Nerves, enough time, sufficient money, indifferent attitude, psychological presures, mock, answering relatives and all that sort of crap

GOOD LUCK

The law has to have some mercy towards men. I dont know when would Indian law reform...

If the wife wants to live alone and doesnt want to give a divorce, then there should be some sort of rule stating - since the both parties have stayed apart for a minimum of 1 year, this marriage is irretreivable and court should grant a divorce...

PRAY FOR RCR.

IT SUITS IN YOUR CASE.

LONG THEORITICAL DISCUSSION VALUELESS HERE.

IT WILL NOT WORK .

PRAY FOR RCR, THEN SHE HAS TO TAKE DECISSION - WHETHER COME BACK OR NOT,

IF NOT DIVORCE WILL BE SANCTIONED LASTLY.