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Wife not attending RCR case Wife not attending RCR case

2 years ago

Married 3 years ago.Lived together for 3 months.In 3rd month, wife got pregnancy.She says that she vomits continuously after I go to office.She called her father to Bangalore & left saying will come after a month.After that never came back.After my daughter's birth, I visited hospital; but she showed adamant behaviour.When daughter got 5 months old, I told father-in-law that we take wife & daughter to our house.But he denied.7 times held mediation in police station before elders.Everytime she agrees that she will join me.But next day, my father-in-law says she's not interested to join me.I approached senior court & filed RCR in Nov-2020.So far, my wife came to court only once.When she came, honourable judge asked to stay back for counselling.But she left court immediately.Everytime her lawyer files petition saying that she'll compromise & join me.But it's not happening.My wife's lawyer knows that she's not ready to join me.She filed MC, DVC & Dowry cases in Jan-2021 in Junior court saying I used to drink, smoke & torture her & demands 50lakhs compens.I never drank/smoked/tortured (her).There also she appeared once on the first day. Junior civil judge got transferred & no hearings from 8 months.Now it is 2.8 years since she left me.My father died 13 years ago;mother severely affected by corona recently and not as good as earlier.Please advise me on what to do.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Even if RCR is decreed there would be no benefit to you because Court cannot force your wife to continue marital life. Better withdraw RCR case and file divorce case in your interest and after getting divorce start new life if interested.

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Anik

Responded 2 years ago

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A.Hi,
If she does not want to cooperate with respect to restitution of conjugal rights then, the last option is to apply for a divorce on the ground of desertion and claim visitation rights of your child. Even if she does not approach the court, the order will be passed ex parte.
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