• Apply rcr or divorce

Hi,

In addition to the case history below, 

I got Whatsapp msg from my Wife on 8th Oct 2016, she informed her unwillingness to continue the matrimonial relationship. Also she mentioned, she would want to live with her parents and never comeback to join the matrimonial house. she is refusing to give the divorce.

I replied her saying, i would want to meet her and reconcile directly. but she asked me not to meet her. Then i told, i will visit her place in next weekend to talk to her. 

When me and my father visited to her parents place, my wife and her parents were not available. the Maid in the house informed us that, they left to someplace in the morning. Me and my father waited their for around 3 hours but they dint turn up. 

As i was unable to make a contact with her, I sent a legal notice on 7th Nov 2016 asking her to rejoin the matrimonial relationship with the baby. I also gave 15 days of time to respond to the lawyer notice.

Till today, there is no reply from My wife, or her parents.

In this case, should I go for filing RCR, or can I file divorce, What if I file RCR and even then she din't turn up. (the Marriage is 1.5 yrs old - May 2015 to Nov 2016)

Kindly suggest on this.

----------------------------------------------
I would like to sincerely thank you all for providing valuable suggestions for my previous question (below). 




Case History.
Sending notice to wife to come back

Hi

I got married on 15th May 2015, things were fine till July 2015. In July my wife went to her parents house to write her 2nd year degree exams. During which I got a call from her asking me to end the marriage. Later discussions with my & her family members, issue was resolved.

In Aug 2015 she was consummated. In Sep 2015, her dad made some abuse comments over phone to me for not calling her for 4 days. Later She didn't return to my house till Nov 2015. 

On 12th Nov 2015 I went and brought her back to my house. But within 5 days she left the house and returned to her parents.

On 10th Mar 2016, baby girl was born to my wife in Davanagere city but nobody informed me. Later somehow my Dad got information n notified me. I went to see my baby & wife on the same day. But no body responded to me. My wife didn't speak to me on that day.

On 08 June 2016, I went to her city Davanagere where she resides. I phoned her to let me see the baby. However she didn't respond. I have asked their new house address to visit. but they refused give the address. Later I got the information about my wife & kid staying in her Uncle's house.

I visited the house. no one from her family spoke to me. My wife didn't come out of her room to see me. Knowing about this I waited for some time and left the house.

On 04th Aug, I phoned my wife but no response from her. Later I called her parents & her elder brother. They showed no interest in sending my wife & kid to my home

Now I am planning to send her notice asking her to come back with Kid.

Please suggest what to do
Asked 7 days ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) even if you file RCR and obtain decree you cannot  force wife to stay with you 

2) RCR would take around 5 years to be disposed of 

3) if wife refuses to return to her matrimonial home file for divorce on grounds of mental cruelty 

4) refusal to stay with husband amounts to mental cruelty
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. File for RCR and watch her reaction to the RCR and if she doesn't join you inspite of an order under RCR, then you can use that as the ground for obtaining divorce from her.
2. If you are not  inclined to continue the marital life better to convince your wife to accept Mutual Consent Divorce wherein the separation shall not be tiresome.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
Apply for RCR in Bangalore, and ask your wife to come and join you in order to restore your conjugal rights. If she fails to appear in court or is placed ex-parte, then you will get an ex-parte order against your wife. 
Wait for 1 year and then file for divorce here in Bangalore. Pretty much by then it will be definite if your wife really wants a divorce from you or not.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. You have sent her the legal notice, to which she has not replied. You are free now to file RCR but remember that no court can force her to come and reside with you in her matrimonial home. However, RCR is a declaration of bona fide conduct. 

2. You are also free to file a petition for child custody to get custody or access to your child.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
You can file a divorce case on the grounds of cruelty and desertion or voluntary abandonment of matrimonial home without any sufficient cause or reason.

Besides you file a child custody case too along with an application for visitation rights.

All these legal cases agaisnt her would put pressure on her and she may come down for negotiation or compromise out of court. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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