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depressedbyall (proprietor)     10 January 2013

Should i go for rcr or wait?

Respected Law Lords, i am from mumbaiand my wife was fom gujarat My Wife While returning back to borivali railway station from her friends 2 days mairraige ceremony at rajkot asked me to pick recieve her at railway station at borivali at 6 am which i denied at first moment as i was at dombivali because my real aunt was admitted in hospital and i was supposed to either stay overnite depended on doctors reply, and i explained wife she can easily come and no need to worry but she told you dont know to take care of wife so at the very next moment at 9pm approx she got down from inbetween station ie ahemdabad and went back (to her fathers house at bhuj kutch).without reaching borivali, on hearing that she wont come i requested that i am coming to pick up her but she did not listen and got down from the train

(Please See Her Nature she has extra courage to return back frm ahemdabad station to kutch bhuj at night 9 pm, but she insists that she is afraid to come from borivali to mira road in morning 6am,)

And after few days her father requested that she is unable to stay in mumbai so please return all her gold and belongings which my mother denied, she told to ask 5 elderly people from your side  and bring the legal court divorce papers then you take back your goods, but her father says on plain stamp paper we will write and give what ever you say but we dont want to go to court .

13months have passed now what to do now.

to mediators they told that her daughter already 31yrs on 1 jan 2013, is not at all interested in marrying in future she is ma and doing permanent  job at gujrat university, her inlaws even if they dont return gold or any her belonging we dont care we are satisfied with what we have.

so lawyers lords u can judge that girl as well as her parents are not interested in any thing since i am allready divorced once before now again i am left alone what steps should i take now i dont want to give her any settlement money nor i want to give her maintainnce if she wants wthout any condiions can cme back i am redy to acept her.



Learning

 9 Replies

Tajobsindia (Senior Partner )     10 January 2013

Observations:
See in family matters settlement (final) is always the best way out for all parties.  
Take:
1. If you want her to come back then you have to devise your own means to win her back or live life with married (but deserted wife) status. Conditions cannot be put to bring other spouse back to matrimony.
2. If she is working and you can get proof of her working then in future if any case filed by her for maintenance that time you need not have to give any maintenance to her.
3. Private divorce i.e. stamp paper divorce is a big no in eyes of Law. Never opt for such divorce moreover Mumbai HC has strictly said no to such private divorce.
4. If she is asking for her stridhan / belongings then it is better to take them after making a list along with witness from your side and report to her Police Station to hand them over. At Police station file Application mentioning wife not joining matrimonial home from such and such date and I wish to return back her stridhan and belongings as per list annexed kindly help me calling wife or any of her adult male family member to receive the annexed list of articles in good conditions thus help us. Once you file such application police will call her up and somebody will definitely come to police station to receive the list of articles and thus one of your tension will be over with such handing over / taking over.
5. Her
6 AM arrival incidence which lead to you writing a query here, I cannot comment much other than, a married wife protection, safety is husband’s duty no matter what other parallel situation was also being experienced as narrated by you herein.
6. As far as alimony and or I donot wish to give her anything is concerned; let a case come up in Court by either party then we will attend reply to such development. 

Msk-need -nuetral- laws (self)     10 January 2013

Agreed all point of tajobs, as usual they are apt. 

On coming to your original question, there is 50 -50 chance that she may come or may not on your RCR notice. If the reason outlined by the above incident is the real cause, it is trivial for anyone to reject marriage life based on that. Deepdown reason would be something else. Some people after 31 do not enjoy the benefit of married life and simply love to be single till 45 where their earside grey and tremble in knee called knee-jerk make them realise. so plain RCR ( no condition or no descripttion of any hurtful events,) just tell her that you wanted her to come back. Chances are that she may return else, pursue RCR and see, if expartee or if she says not intersted, file pettion based on that  after 2 years of separation on desertion ground. If she is ready for MCD, consider yourself lucky.

Any expert views to this?

depressedbyall (proprietor)     10 January 2013

Thank you very much i will wait till completion of 2 years. Thank you very much may lord bless you and your family in every phase of life.

sharma (ADVOCATE)     11 January 2013

I agree with Mani.  Filing divorce petition on grounds of desertion after two years could also never fetch an easy divorce.  It needs hard preperations.  Grounds have to be shown with relevant reasons, why she she rejected to stay with you which she could not answer.  If you are not interested to take her back, I suggest you settle the matter with mediators without wasting your precious time.  

Rahul Kapoor (Legal Enthusiast)     11 January 2013

hello,

do not go for RCR.its a useless remedy.

if she is not willing to come back then try for MCD.

if u file divorce on ground of desertion then its diificult to prove the same and opposite party might file false cases against you. 

if u are returning her items then make a list of the same , get it signed by them in presence of a witness and submit it to respective police station.

you can also file a NCR stating wife has deserted you and went to following address.

 

 

regards-

rahul.gogreen@gmail.com

kandarp1986 (techni)     12 January 2013

@tajobsindia: please explain what do u mean by "stamp paper divorce is a big no in eyes of Law"..as my wife had divorced earlier like that..and now she has filed RCR at family court to come back

(accusing my parents for mental harrasment which is not true..)..should i file RCR with my conditions(will that help in anyway)? or wait for one year to complete and then apply for divorce(as she will never apply for divorce or she wil never agree for MCD)..i dont want to live with her..

i can prove her few allegation wrong..for others i have no proof..please advice..

Tajobsindia (Senior Partner )     12 January 2013

1. The problem in majority of Gujju ladies cases judiciary now-a-days faces is just because of their "stamp paper divorce' Yours is one such revelation now !

2. May I ask have you discussed ever with your Lawyer that your current wife took 'divorce on stamp paper' and married you ? I am keen to know what was his reaction or lack of it if so. Come back here and do share with me his reaction and then I will explain meaning to the the question that you asked me above.

Msk-need -nuetral- laws (self)     12 January 2013

Rahul,

Disagree with you. Why RCR in this case is useful atleast for few reasons outlined below;

1) Since the real motivation of wife is not known, you can send RCR notice ( only lawyer notice) and see what response you get,  if you dont get, atleast to an extent, one can hope she is not eyeing on using some legal sections that maketh men worry, If there is any indication, she would promptly respond with all words in  acrimony alias to aiming alimony from money wanting honey. There is no way that you can escape and have to face music, no point in closing your eyes and ears thinking, she is silent and hence i am safe.

2) Atleast from response if she is aiming money, you would tend to know and plan to defend yourself, if no such indication, sure she will not respond to court notice and take exparty which is sound ground later for no alimony, your record for her desertion, base for divorce pettition, since no other legal remedy or ground available for him, what wrong in pursuing RCR? ( Only cost is factor and that can be quoated in notice, if I am correct)

3) I understand RCR is useless when you seek defence against 498a or a wife who is well eyeing money and not going to resume married life

Any take??

Rahul Kapoor (Legal Enthusiast)     13 January 2013

@ Mani.

i have answered from querist POV.

we can discuss the merits and demerits of RCR at some other place.


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