Legal Question in Family Law in
my wife has filed a case of 125 crpc against me. she has been gone since dec 09 with the now 4 yr old girl child. she has claimed 50% of my salary. I have adequate evidences to show she left in my absence when she was alone at home, and also that i have made repeated frequent attempts to cajole her to come back. she has triled to portray me as a violent durnkar husband whose ill treatment led her to sufer a miscarriage.
I also have the sonography reports & the medical cerificate from the doctor that perfromed the surgery that say that it was due to no violence but the natural cause. i have the copies of the letters i have written to her along with the courier receipt copies, registered AD, under certificate of posting etc along with the railway tickets whenever i or my family attempted to visit her at her parents' place.
do these not suffice to prove she has deserted without any cause, or RCR is must? are my attempts not as good as the RCR,? & I did not file RCR because even that is useless when a woman is adamant not to return and most imp. I didn't wish to initiate legalities.
pl advise the outcomes/future course of action in specific for all above.
1 Answer from Attorneys
they do suffice. However RCR is an independ cause of action which has its own advantage. Once RCR is granted and wife does not join then after one year the court can grant the divorce