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Wife seeking separation and me not !!
Question
Hello sir / madam
I am in very critical situation.
My wife is seeking for divorce and I am not willing
She is working in state govt and I work in pvt at abroad
My questions are
1) as of now she has just asked for mutual and I have not yet met her after coming back from abroad .. literally I am not aware of her move , what she is planning for .. she messaged me not to come home .
2) with out understanding her move regarding separation (as she is just telling the same answer that we will separate , ) is it wise move to apply for restitution of conjugal rights and if so what are the advantages and disadvantages of it when I win or loose being male ?
3) Also if I am at abroad whether applying for RCR will have any disadvantages?
4) RCR can be withdrawn at any time after filing?
5) Are there any disadvantages if we withdraw?
6) Since I will be at abroad ( working) and my wife will be india , whether court accept my RCR application?
7) I was away from family from last 1 year due to job and corona , does this period can be considered as period of separation ( 1 year) for starting the separation process ? I was in touch with my wife and kid , through WhatsApp messages .. all problems started from August 2020 since then I am sending WhatsApp messages and she is not responding to my messages at all and not blocked my no also .
8) can she claim for alimony is she wins the separation, as she works in secure job ( government)
9) can I claim for alimony if I quit my job and comeback to india ?
10) can she eligible to claim alimony when she herself is applying for separation?
11) can whatsapp messages / call records , claiming I drink and and scolded her many times (WhatsApp messages) in drunken state can be considered as a proof to support separation ( mental harassment / cruelty) ?
12) is it advisable to take anticipatory bail ( as I am completely unaware of her move now )
13) can she proceed with mutual even when I don’t sign on papers considering I am away from India from last 1 year ?
If not what can be her moves in support of separation process to start ?
I4) what to do if she threatens to sign me on papers? Else she is threatening that she will commit suicide ( I have not recorded the phone conversation)
Sorry for many questions 🙏🙏🙏🙏🙏
Answer ( 1 )
Yes, if the wife has left or withdrawn your company without any reasonable cause then RCR can be filed and yes it can be withdrawn even after filling. If she is intending for a mutual divorce and you dont accede to her then she has an option of filling divorce on ground of creulty, adultery etc.
If you dont have a recorded conversation, you can still inform the nearby police station where your wife is residing of the constant threats being received from the wife and let the police do the investigation to unearth the true facts.
the lockdown period technically can be considered as a separation however the same needs to be alleged and proved before the Court in the pending proceedings.
She cannot proceed for mutual without your signatures as a mutual divorce petition is joint in nature and both the parties has to be present simultaneously for getting the mutual divorce proceedings started.