Hi,
Am married for 3 years and in that wife and I only had few months of co-habitation since wife had the habit of packing things and moving back to her parents quite often. We also have a 2 yr girl child which i got to see only for 3 months. Now its 1.5 yrs we are seperated. I want to get a divorce from her since am no longer able to take responsibility for her extreme and short tempered decisions. I Filed RCR 9 months ago to avoid her file any wrong accusations. She didnt appeared for intitial 2 summons and appeared on the last summon just before it was to get exparty. I then withdrew the RCR, since i didnt want the court to bind on me to take her home. Because iam very sure, even if she comes back its going to be a turbulent life again.
Its nearly 2 months after i had withdrawn RCR, she has not returned home. When i filed a fresh divorce petition the magistrate is not convinced about this move. His point is You applied for RCR, when wife agreed to come, you are withdrawing and filing a divorce. So he dismissed my petition.
Please advice the options in front of me. I dont have good mediators to press for a mutual divorce. Am willing to pay maintenance according to my capacity and stay away from this women for good. Can i apply for a divorce on a different court on grounds of desertion or will the earlier dismiss order still haunt me then? Can highcourt give a positive directions on this. Please advice!
