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Sushant Singh (Private Service)     02 April 2010

RCR or Divorce ?

Dear Sirs,

Its been 3 years that my wife has left her matrimonial home in Pune. I have tried my best to reconcile and have kept approaching them for her return, but without sucess. Impractical conditions laid down for return. No reconciliation possible now. Its time for some action. I need your advice.

1. Should I file RCR in my hometown, which signals my honest intention to get her back ?

a. How long will it take to serve RCR notice on her ? Her home is in a different state 1000 kms away.

b. How long will it take for her to transfer RCR petition to her hometown (through SC)

2. Should I file RCR in her hometown, to save time in serving of notice. ?

3. She might apply for interim Maintainance after I file for RCR ?

a. She is very qualified and does not deserve even interim maintainance. But I only have her CV as proof, no work details. Will she get away with interim maintainance even in this case, even when I am ready to live with her.

b. I am ready to pay and maintain my 3 year old child. I have already been supporting both of them since last 3 years even though they were living seperately.

3. OR, Should I file for divorce ? because the seperation has now being for 3 years.

Is it prudent to file for divorce directly in my hometown, and await a 498A , DV backlash in her hometown.

No evidence of DV, dowry etec. Only these cases can be files for harrasment purposes only. I have received threats of job loss, jail etc from them in these 3 years.

4. How can I prove seperation for 3 years. What documentary evidence can I produce ?

What is the best way forward.

Should I apply for AB in advance for me and my parents before I file for RCR or divorce.

 

Please advice. Thanks, Al



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 April 2010

You can file RCR or divorce petition on the ground of desertion. to prove the desertion evidence of other person is necessary. you need not to take AB because no criminal case is filed yet on you. 15 to 0ne month may take to serve the notice. Definitely she will apply for maintenance and you will have to pay, it is bounded duty, eventhough she is highly qualified.

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 April 2010

what do you mean by RCR?

Isaac Gabriel (Advocate)     02 April 2010

Though you are having all options open, in my view, it is advisable to file restitution of conjugal rigts.Then only you will be able to understand the hidden agenda.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 April 2010

Dear author,

I want to talk to u in person as there are some queries to clear from u. My no. is 9871158578


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