1) withdraw RC R case and file for divorce on grounds of mental cruelty
2) even if you obtain decree for RCR you can't force your wife to stay with you
3) in divorce petition seek joint custody of your daughter
Mental Torture and Harassment
Hello sir, i got married in feb2011 n also have a girl child who is born in march 2012,she was unwillingly staying with me but then later in july 2012 she went back to her mother home wit her brother coming to take her back,thn after many attempts to get her back to my home was unsuccesful, then i filed for restitution case from Bangalore Family court but in tht also thr was no response from her side n thn later they filed for case transfer in supreme court from karnataka to tamilnadu, which was again a financial worry for me... n hence later after 3 mediations thr was no positive result from her n now hence they are just wanting to expand the time n torture me wit every new date in chennai family court. so i hence request you to please get me any solution tht how to progress this further, what can i do to come out of this
Asked 8 years ago in Family Law
Religion: Hindu
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7 Answers
i am a middle class man n i am really not able to face this torture, so i hence ask you sir a solution on how to handle this and on what grounds can i come out clean
Asked 8 years ago
What is the solution do you expect by posting this question?, You have filed the case in Bangalore which was subsequently transferred to Chennai family court. Well, if she is adopting dilatory tactics you may put pressure before court about her attitude and request court for an expeditious trial. This has got nothing to do with your middle class family economic situation. If you are not able to meet the litigation expenses you can always take the help of free legal aid service from the legal services authority functioning in the high court campus, Chennai, or you want to change your lawyer you can very well do it even without taking NOC from the previous lawyer because in Chennai family court an advocate need file Vakalat on behalf of his client.
As a mater of fact, the restitution case filed by you is actually a toothless one even if you win it because you cannot force her to rejoin you despite having a decree in your favor. If you are not able to tolerate this cruelty anymore, you can withdraw the RCR with the leave of court to file a divorce petition against her and you may file a fresh divorce case against her on the grounds of cruelty and desertion.
You may discuss with your lawyer about all such further issues.
1. The case has been transferred to Chennai family court by the Supreme Court of India. Since the mediation has been futile you should communicate through your lawyer your intention to the court to continue your case on merits.
2. The court will not perpetually grant her adjournments. The case has been filed by you, so you have to take the necessary steps to continue it further.
3. You are also at liberty to withdraw RCR and instead file for divorce.
What exactly do you want? Divorce OR living with your wife and child?
Please understand that you are the petitioner in RCR, so you have not exhausted in court proceedings. The court is helping you for saving the marriage through mediation / counseling. If there is no positive results is occurred then with draw RCR and file a divorce. Try for mutual divorce petition other wise file petition for divorce under cruelty.
If you have any financial problem of money then approach the legal service authority for getting a lawyer and contesting the case in the court in free of cost
you have to contest the case in supreme court. if you ignore then court may transfer the case. She has no reason to live separate from you then she may not be eligible to transfer this case....so you must contest ... you'll get appropriate relief immediately.
1. filing of RCR case is of no use since even if the Court directs her to join you, nothing will happen to her if she refuses to join you,
2.Meantime around 2 to 4 years will be lost in getting the RCR case disposed of,
3. Withdraw the RCR case and file a divorce suit on the ground of cruelty,
4. Let the divorce suit be pursued by you either at Karnataka or Chennai which will be decisive after few years.
1. Talk to her amicably for mutual consent divorce which will be over within 6 & 1/2 months from the date of filing,
2. If she does not agree for MCD, file the divorce suit as suggested in my bearlier post.