Withdraw the RCR and file a divorce on ground of cruelty and adultery with the evidence of the cruelty against the mother , adultery proof such as chat pictures and recordings. 

You can file divorce under the grounds under cruelty under Section 13 1A HMA. Contest on merits.

RCR decree of non compliance by wife can be used for the purpose of contested divorce 

Withdraw RCR and file for divorce on grounds of mental cruelty 

2) RCR is useless 

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

This is my response to you:

1. File for divorce under cruelty;

2. Attach all evidences therein;

3. Ask the court to speed up the process;

4. Straight away ask for divorce decree, even if it is ex-parte;

5. Consult a local lawyer and take steps.

Absence in an rcr application is in your favour. She hasn't told the court why she doesn't want to live with you. This is a very strong ground for divorce. Also adultery and cruelty.

Regards 

Hi,

RCR is only filed to save one's marriage. It shows the desire of one party to call back the other party for continuation of married life. If the court is satisfied with your reasons that your wife has left your company without reasonable excuse, you may be granted relief under the Section. Though RCR prevents you from filing of Dv cases in future by your wife, you will not get relief from future maintenance cases filed under the appropriate Act by your wife. 

Since your ultimate aim is divorce, you will be required to file a "Divorce suit" separately. 

If you have evidence of her adultery , must have file diovrce, why RCR. Well, withdrew it now and file divorce on the ground of adultery, desertion for more than 2 years and insult to in laws and mental and physical cruelty.

you have two options:

1. wait for the decree of RCR and after the decree, file divorce on the ground of non-compliance of RCR Decree

2. withdraw RCR and file Divorce on the ground of mental cruelty, adultery, etc (images, call recordings, chat, etc are admissible evidence)

You need to convert your rcr into divorce first.  Then court may grant you exparte divorce

Hi,

In present situation, you have 02 options. First is to expedite the RCR petition and get an ex parte decree. Then file for divorce on grounds of non cohabitation, desertion and cruelty on grounds of your stated facts. Second option is to withdraw the RCR petition instantly and file contested divorce petition on grounds of cruelty and desertion.

I wonder why on earth you after trying to revive this relationship when she is having infidelity .

Anyway if you are in deep love with her then you can very well proceed with the RCR .

However of you highlight all her misdeeds in the plaint and evidence then court may not grant RCR.

Rather withdraw this suit and file a suit for contested divorce on mental cruelty. The evidence you are talking abut if prove in court would get you decree of divorce.

Dear Client 

Once your RCR petition is allowed by the family court and she doesn't join your company even after the order by court then you can file divorce petition on this ground of not joining your company even after court order and also on adultery because it can help you evict her maintenance claim.

But you should have filed divorce case instead of RCR if you have proof of her adultery than you should have got divorce easily. And now it depends on discretion of court to consider your claim of adultery and cruelty or not.

You say you have filed RCR against her but mention her as ex-wife, has the marriage between you and her was dissolved by a decree of divorce, if not how can she be an ex-wife?

Well the RCR is filed for joining together and not for divorce hence there is no reason that why you have to file RCR on the grounds of cruelty?

or have you mistaken the divorce case for RCR case?

In any case if she do not turn before court after receiving summons then the court may set her exparte and you may be given exparte decree.

if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 

If she don't turn in the court hearing ask court to give Exparte divorce order. For that you have to apply for divorce.

If you wanted divorce, you should have filed for that, more so as you had proof of her infidelity. I guess you were ill- advised

There is no conversion from RCR to Divorce.

You will have to withdraw your RCR Petition and file for Divorce afresh.  However, if you are close to obtaining RCR Decree, i would advise you to take the verdict in your favour.  Though this would require you wait it out for a year or two more before you can file for Divorce, it would help in denying maintenance to your wife, if she was to file. 

1. As per the information mentioned in the present query, makes it clear that you have Ben guides in a wrong way to proceed for litigation.
2. If you have all proofs and would like to go for the divorce then you have wasted your time by filing RCR as even after the decree passed in your favour, that would still be obligatory on wife, but not mandatory and she deny to comply the decree.
3. You should have filed divorce petition  on the ground of adultery and cruelty as there are number of benefits for husband by filing on these grounds.