• RCR

Hello,

We have been married in Nov 2012 and after marriage we stayed together only for 4 months and after me and my wife have been living seperately. In this 4 years i have tried to solve the issue amicably but it is not happening.Now i am planning to file a divorce petition based on desertion.

My question is that after i file a divorce petition and in response to that if my wife files a RCR then what are the chances of the court asking to me take her back ?

Also is it mandatory that i have to take her back and start living with her ??

In any circumstances i do not want to live with her so asking for advice as how to counter the RCR ??

Regards,
VT
Asked 22 days ago in Family Law from Hydera, Telangana
Religion: Hindu
1)you can file forcdivorce on grounds of mental cruelty and desertion 

2) if wife files RCR case both would be clubbed together 

3) you cannot be forced to stay with your wife 

4) before filing for divorce  call upon your wife ti return to her matrimonial home . If she refuses then file for divorce 

5) you have to make out a case that inspite of repeated requests wife has refused to return to her matrimonial home
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
1. The order of the case depends on its merit.
2.So if both the divorce suit and RCR is pending between the aprties the court will pass either grant divorce or pass decree of RCR depending on who winds the case.
3. From your posts I can not make comment on the merit of your case or hers.
4. If you could mental cruelty or your wife then you will get divorce. Otherwise RCR would be allowed.
5. Do note your wish of divorce will not count unless you could prove your case in court. 
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
During the subsistence of marriage a wife has the right to reside in her matrimonial home. If she files RCR the court can pass a decree against you. Under DV Act also a wife has the right to seek residence in the matrimonial home. You cannot stop her from seeking residence in your property. However, a decree of RCR or a residence order under DV Act will have no bearing on the divorce petition.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1)  court cannot force you to stay with your wife 

2) you  can  take the plea that she had deserted you   4 years back and inspite of repeated reminders has refused to return to her matrimonial home 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
1) you can file for divorce on grounds of mental cruelty 

2) you have to prove allegations made in petition for divorce 

3) it has to proved by you that wife has deserted you 

4) in the event you are unable to prove allegations you would not be granted divorce by court 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
My question is that after i file a divorce petition and in response to that if my wife files a RCR then what are the chances of the court asking to me take her back ?

It is not necessary that the court will ask yo to take her back just because she filed RCR, both the side will be heard by the court to decide the case on merits. 








Also is it mandatory that i have to take her back and start living with her ??

Even if the court decrees the RCR in her favor, it is not a compulsion that you have to take her back, you can remain silent about it, let she proceed legally.




In any circumstances i do not want to live with her so asking for advice as how to counter the RCR ??

You can challenge her grounds for RCR, let the court decide the case on merits. 

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
However if i call her she would be eager to come and join me in Hyd so that she can again start harassing me mentally and force me to stay away from my parents.
Due to this reason i cannot call her and ask me to join again.
So in this scenario if i file a divorce petition can the court ask me to focibly take her back.


Court cannot force you to take her back with you if you are not willing to take her back.

The court may pass a decree and judgment in her favor if you have not properly challenged her case but cannot force you to take her back.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
fter my marriage we lived together only for 4 months and that too outside India.
During the stay she was insisting on coming back to India and came back eventually.Later i came to know that she was in touch with another boy due to which she wanted to come back to india. After some days the boy got married and from then she wants to come back to me again.
Can u please let me know how to file divorce in this scenario ?


You can very well file a divorce case on the grounds of mental cruelty as well as on the grounds of desertion.

She cannot just like that come and go in her matrimonial home.

She has obligations to fulfill in her matrimonial home,

If she neglects or ignores her duty then she may be shown the door.

Therefore you can very well file a contested divorce on the grounds of mental cruelty and desertion. 

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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