1.) First you have to decide now whether you want to stay with her or not. If yes, then opt for a RCR and then she fails to comply with the decree then on the basis of that you can file contested divorce petition.

2.) She may ask for litigation and transport expenses for her.

3.) Yes she can ask for interim maintenance by filing seperate petition.

4.) After getting the decree you need to wait for 1 year in which she may come to you or not. After that you can file divorce.

5.) You may pray before the court, but this do not come under the court jurisdiction it may have privacy issues etc.

6.) Till the time she get remarry.

7.) If you file divorce then it is the court;s procedure to send the matter for reconciliation. You do not need to file the petition again.

8.) You can take your petition back at any stage of the case.

9.) After completion of 1 year.

1. Yes she can file domestic violence case on you pending RCR or Divorce. I you do not want to stay with her then you should file for divorce or in case you want to give a try to your marriage then RCR is better option.

2. Yes he will charge depending upon the lawyer. He can charge 30 to 50 thousand or more.

3. Yes she can ask interim maintenance going RCR also.

4. If RCR decree is passed if within 1 year she does not turn up this is desertion and divorce can be filed.

5. This is out of preview of court this can effect her privacy and she can challange same.

6. Interim maintenance till disposal of case of divorce after that if divorced permanent maintenance can be granted.

7. Yes.

8. Court can ask her to come back but cannot force her to stay with you in can you withdraw petition .

9. 1 year.

File for divorce on grounds of mental cruelty

2) RCR is useless. Even if you get decree you cannot force your wife to stay with you

3) wife can file DV case without any proof

4) wife can seek interim maintenance in RCR case

5) if wife refuses to come back you can withdraw RCR and file for divorce

6) you are at liberty to install CCTV cameras in house

7)you can withdraw your divorce petition if wife agrees to return to her matrimonial home

you should file divorce petition if u ll file RCR in reply she would deny to join your company and will level false allegations with explanation that she dnt wanna join ur company because you are treating her with cruelty

1. I wouldn't suggest you to file RCR as it is you who is asking your wife to come back, and she is refusing to come back. She can easily claim that this is due to dowry cruelty by you and your family –and indeed, this is what is invariably done by such wives. She can file DV case against you, during the Pendency of RCR. An RCR petition does not protect you from 498a or DV in any way whatsoever.

2. court may award her duet money to appear on court hearing as she has no, source of income and it can vary.

3.Yes.

4.There is another provision in the HMA that once one party succeeds in getting a positive decree as a result of his/her RCR petition, the parties have to resume cohabitation within a period of one year, failing which, either party can file for a divorce decree.

5.You don't have to ask to court's permission to install cameras. You can make a plea later that ut was done to prevent theft, which happens often in your locality.

6.Until she remarries.

7. Yes.

8. Further, you have to fight your RCR until the highest court, and then you have to fight again from the lowest to the highest court to get the decree enforced. Even at the end of that, it is not enforceable at all, that's why i advised you against it

9.youll have to withdraw RCR petition, then you can file for divorce.

Feel free to call.

Regards.

1) For above all questions is best solutions is RCR, so you can save your life in the future.

hello,

first of all, RCR is not a precursor to divorce proceedings. it is a process to reconcile the parties wherein one party has withdrawn from the society of the other and the courts try to bring one to the other and if they cant live with each other, then other proceedings may be initiated at the behest of either of the parties.

your wife has alleged dowry and sexual harassment so she will most probably file a 498A case along with DV Act proceedings as this has become a trend with wives who want to have their way irrespective of the actual facts and circumstances of the case.

charges depend upon the case, lawyer, and many other factors and mind you, you will foot the bill for all the false allegations your wife states against you!! unless of course, she earns pretty much to support herself.

it does not matter what you want as long as your wife has her way. the law favors the wife and hence you have to tread very carefully in this case. try to keep you parents relatives out of any fighting otherwise, she will drag them into this, engage a good lawyer and be vigilant. if you have any doubts about her returning, then ask for a divorce, because most of the times, wives tend to make big any small incident and file false FIRs. the best way is to make her understand her that fighting is to nobody's benefit and try to talk to her parents and relatives.

interim maintenance can be asked if she states that she cannot live with you due to DV or harassment. the courts will grant the same.

regards

1. If you have decided to divorce her then why do you file RCR instead you can directly file divorce case, even otherwise you cannot stop her from filing DV case.

2.No.

3. Yes.

4. You have to wait for one year to file divorce petition after RCR obtained in your favor.

5. Permission not necessary.

6. Till the disposal of the divorce case.

7. It is based on the circumstances.

8. No.

9. After one year.

You may have to pay interim maintenance even if you file RCR hence don't be under any misguidance.

Dear Concern,

Let's discuss first thing first -

A. Can you file a divorce case in against your wife?

Answer - As per the Hindu law, no person can file a case of divorce before their marriage has completed a year. Your marriage was solemnized in July 2017 so to move for the divorce you have to wait till July 2018.

B. What are the possibilities of interim maintenance?

Answer - The way family court works this case is bound to come up against you. There are only three ways to avoid this case -

(i) In case you prove that your wife is engaged with someone else as well ie she is having an extra-marital affairs,

(ii) In case you prove that your wife has sufficient means to live on her own or she is so qualified that by the way of common prudence of law she should not be given maintenance at all, or

(iii) In case you prove that you have a lot of liabilities on yourself and you have very counted means to survive. In this the quantum of maintenance may be decided very low possibly in between 1 thousand to 5 thousand per month but it is not going to become zero as it would become in above two cases.

C. Will RCR will be helpful to you?

Answer - I don't think so. A girl who can't determine good and bad on her own is a disaster. She will be always dependent on her mother and will never be helpful to you in your entire life. A marriage is just not a relationship its a promise to lead a life together no matter what. If her thinking remains influenced with her mother she will be never be helpful to you and your family in your difficult days. She won't be contributing to your life on any occasion except being your legally wedded wife and in future mother of your children.

D. Are you responsible to pay fees to her lawyer if you go for Divorce?

Answer - No. But as per the law you will have to pay her litigation expense as it is you who is asking for divorce and not her. The litigation expense is to be fixed by the Court. You need to argue on this point making it as low as it is possible.

E. How are you supposed to go forward with your life?

Answer - You should come before the court for divorce after the completion of a year in July and shall collect all possible evidences to prove your wife to be wrong. You do not need permission from the court to have CCTV cameras in your home. Its your home you can do whatever you want.

Crucial evidences would be -

(i) All call records which proves your wife to be reluctant to come back.

(ii) All proof which proves that your wife is cruel to you and is heavily influenced by her mother who is equally cruel and the root cause of all the problem.

(iii) All proof which establishes the fact that you have tried to reconcile with your wife but that has gone in vain.

(iv) All proof which establishes the fact that you own nothing of your wife and that all her jewelry, articles etc is with her and not with you.

After filing of restitution also she can file divorce and maintenance from you. You can't get away from maintenance if she is dependent on you. She can also file domestic voilence and it is not related to your case filing at all. It is better you go for mutual Divorce and settle the same.