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Rohit Shukla (Engineer)     04 July 2011

RCR Query - Urgent


Case History in short:

Almost an year of marriage.

wife having left the matrimonial home after 4 months of marriage.

Several attempts/discussions to bring her back yielded no result with her not giving any genuine reason. She has already taken an admission in one of the colleges in her parental town and I am 100% sure she is going to spend next 3 years over there with no regards to me or our sacred relationship. (Apart from that, she holds a steady relationship with BF in her hometown, full fledged proof of that I have with me)

Current Development:

Rather she is trying to woo me down so as to make me agree and approve (her stay over there) by sending loving sms'es. I never will revert to her as she not going to come anyway whether I approve or not. Letting her stay 900 kms away for studies that too immediately after marriage with no regards/no planning/no discussion with her spouse will never be forgiven by me. I was about to file divorce on cruelty, but just took a break after receieveing her sms just to relook at my strategy. So now should I go for RCR or Divorce on cruelty ?

Questions regarding RCR,

What if she doesn't respond to my RCR?

What if she returns and again go back alleging mistreatment (most likely as she has taken admission spending lacs of her father's money)

What if she returns and I win RCR in my favour, can I force a condition on her?

See the point is in any case i don't want to live with her anymore as she has just used me as a tag  for her social existence while she enjoying her life with someone else.

Experts please suggest me the best way out?




 3 Replies

raj malhotra (M.D)     04 July 2011

hi ,

   sorry  to hear ur agony...

            first of all...i will tell u that dont trust any person completely who has broken ur trust once..

              i will suggest to talk to her...ask her why she had behaved like this with you...may be she is realizing her mistakes...only u can judge whtever she answers whether it is reasonable or not...if its reasonable u can think of living wid her..other wise as u said almost one year has passed and u have all proofs regarding her affair...file for divorce on grounds of desertion,mental cruelty and adultry...

now coming to ur other questions...u cant force her to live with u even if u get rcr in ur favour...secondly she can anytime lodge anytype of cases on u till u r married to her even if u r better make some serious decisions right now...

i would personally suggest u to get away from such wife who knows very well to play wid you...sry but its true..

Ghajini (SSE)     04 July 2011

1) If she doesnt responds to RCR[most favorable situation]- You win RCR exparte , end all contacts from her once u move to court, wait for 1 year getting the RCR decree and file for Divorce after that.

2) You cannot put any condition for her return, but winning RCR will give you an upper hand in future.

3)  If she files DV, 498a etc, then much better as in that case fight will be on merits ( you may have to face tough time) but fight it down tooth and nail

4) If seeing your RCR, she tries to contact you, dont allow this..not even through any relatives or mediators, tell every one that matter is in court and lets get it decided there

Aim: As you have thought of getting rid of her, make every move towards that.

Self service (None)     04 July 2011

Wife left without consent and not returning back, this is sufficent ground for cruelty. Do one thing send her notice for returning (RCR) - based on her reply take action for divorce. Fighting RCR is no meaning as its simply wastage of time. Also keep her SMS and other evidences for later use if she do some false allegations.

RCR is wastage of time and money - once you give notice or RCS she will reply with some thing, if she refuse to return back you can go direct for divorce.

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