1) file for divorce and child custody

2) RCR is useless

3) you cannot force wife to stay with you even though you get a decree

4) RCR would take 5 years to be disposed of

5) welfare of child is paramount consideration

6) court can award you visitation rights

7) at most you can get joint custody of your child

Wife is highly qualified and working

2) if there is not substantial differences in your income court would not award her maintenance

3) where there is no future in relationship it is better to move on in life

1. There is no point in filing RCR since it will take years to be disposed of and even if you get favourable order, your may refuse to join you and in that case no Court can force her to join you. You shall get advantage in getting the decree of divorce if she refuses to join you even after being directed by the Court but disposal of RCR case may take years to be disposed of.

2. You can file child custody case now on the ground that your child has been kept with your in laws and not with his mother. This is a good case to seek child custody.

3. If you claim that you do not come under HMA then under which Act your marriage is governed? I do not think that you shall get any benefit by claiming that you are not covered under HMA being a member of Meena community.

4. Negotiate with your wife and try to settle the dispute amicably in every body'd interest since divorce is the 2nd most stressful event in one's life.

5. If amicable settlement is not possible, file a divorce suit on the ground of cruelty and also a child custody case.

1. Appear before the cell if you get a notice and place your arguments informing that you want her to come back to you.

2. Your filing the divorce suit will not alter the prospect of her getting maintenance and/or compensation as she is not entitled to any maintenance amount being employed..

Hello,

Yes your lawyer is right if he is suggesting to file RCR.

If you file RCR then that will be of good use for you in future, if your wife does on to file any subsequent case.

Do not file divorce directly and file for custody of the child first.

Regards

Hello,

By filing the said RCR you can use it in your defense for the complaint that has been filed in the women cell.

Regards

File a RCR together with a child custody. In the circumstances you have narrated, RCR seems to be efficaciously remedy for you as against Divorce.

Non-compliance with RCR in itself becomes a ground for divorce.Thus, at an appropriate stage, you may file Divorce.

Since, due to your wife the kid has been missing school, it is apparent that your wife is least concerned towards the child's education. In addition to this, you'll also have to demonstrate that all-in-all you're better placed in comparison to your wife to ensure the over all welfare of your child. Upon this, the court is bound to grant you the custody.

File a RCR under HMA. Being governed by HMA is beneficial for you.

Hi , it is advisable to file for RCR and child custody as per now .. If she refuses to stay with you , in the mediation proceedings during RCR , you can file for divorce on the grounds o desertion ..

You should file a civil suit for restitution of conjugal right because your wife has no reasonable cost to live separate from you. In this condition according to Section 9 of the Hindu Marriage Act a civil suit for rcr is maintainable. You can also claim custody of a child under guardians and wards act on the ground at it is in Welfare of the child to keep him under custody of his father because father has sufficient means to take care of child and give good education. If you have to prove that your wife has no reasonable ground to live separate then your civil suit for rcr will be admitted and court will pass a decree and bound your wife to live with you.

 if she refuses to come back and live with you then you can move a petition for divorce on the ground that due to conduct of the wife marriage is became frustrated and in this condition marriage should be dissolved on the ground of Irretrievable breakdown. Women cell if you want to move application of rcr before the Civil Court. In the civil suit you should take a plea that preceding before women cell maybe stayed. If a cause of action has arised due to matrimonial acrimony and a civil suit has been filed on the basis of that cause of action then proceeding before the women cell may be stayed by the court.

1. RCR can be filed. The only benefit of RCR is that it can help to defeat the claim of maintenance of wife, but this could have come to your rescue only if you had filed the RCR petition prior to her filing the complaint. If you file it now it will be without sheen.

2. You are free to file a petition for child custody in the court within the jurisdiction of which the child is presently residing. In child custody dispute the only consideration for the court is the welfare of child whose custody is sought. Although more often than not the courts lean in favour of the mother in respect of the custody of child but this is not a cast iron rule that cannot be departed from. Furthermore, as your child is 7 years old the mother cannot claim natural guardianship.

3. As and when the FIR is lodged then apply for anticipatory bail.

Should i file RCR & Child Custody or Divorce & Child Custody

You should first concentrate on the child custody case alone.

Dont deviate the subject by filing RCR or divorce case, that is a different subject, you can think about it at a later stage when the necessity arises.

-Incase if she refuse to come back can I file the Divorce from my side on RCR refusal ground.

In case she refuses to return to the matrimonial fold you can file a divorce case on the grounds of mental cruelty so that realises the mistake of abandoning the matrimonial home without any valid reason.

-What are the chances of getting my kids custody as currently my son is with my in-laws.

If your child is being brought up by the grandparents when the biological mother is living and residing in some other town, you have bright chances to win the child custody case because the child's welfare is paramount and the court can consider the biological father's plea in this regard.

- What are PRO & CONS of not covering under HMA.

You cannot claim this at the present stage.

If you are not covered under HMA then under which law are you covered and what were you doing about this so long.

Dont spread your imaginations on such futile issues.

Then how to counter the Women Cell? Filing direct divorce will get in favour of my wife and then she will entitle for maintenance & settlement amount.

She being employed and drawing as handsome salary, you can easily repudiate her maintenance claim or settlement amount.

Are you worried about your future or the money?

You concentrate on the child's welfare and take steps to take custody of your child first after which you can think about divorce or RCR..