LawRato

Need Advice whether to go for RCR or File a case for divorce in sec 13


23-Sep-2023 (In Divorce Law)
My son married on 10 Dec 18. His wife use to pressurize us to go to maternal home in Varanasi every 2-3 month. In 2019 she has gone 4 times, last was 11 Dec 19 for delivery because she never wanted to be in Bengaluru.blessed with male child on 01 Jun 20, after many request came on 11 Dec 20 . In Feb 21 started pressurizing to go again. After many request she stayed for 1st birthday celebration of son. Again gone on 10 sep 21and not coming. Threaten us filing criminal case
Answers (2)

Answer #1
741 votes
in this case it is better to go for divorce, reasons are that when divorce is filed there will be conciliation done by court and if things are not settled in conciliation then your son can proceed with divorce, if things are settled then he can just withdraw the divorce petition and both can lead married life, on the other hand if you file for restitution she may file her objections making false allegations and justify why she is staying seperate, and even if your son wins he has to wait for one year after passing of order and then file for divorce which in turn consumes more time. Hence go for divorce instead of RCR
Helpful? LawRato LawRato
Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRato Belgaum | 25+ Answers
Chat with Advocate Bharat Narasgouda Chat 
Answer #2
854 votes
in such cases you may file a case for RCR but give a prior legal notice also. and also keep adequate evidences. if she asks for divorce that also you can go ahead keeping the provision for visitation of child open .
Helpful? LawRato LawRato
Advocate Anindita Chakraborty

Adv. Anindita Chakraborty

LawRatoBangalore / Bengaluru | 100+ Answers
Chat with Advocate Anindita Chakraborty Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato