I’m a 45-year-old man living in Delhi for work. My wife filed for a transfer of our RCR case from Delhi to Darbhanga, Bihar, in 2013, where she lives and where we got married. The case reached Darbhanga in 2014 and is now at the evidence stage, after almost 3 years. I’m considering withdrawing the RCR and filing for divorce based on desertion and cruelty, given my age and the time spent on this case. My 10-year-old daughter’s well-being is my top priority, and I initially fought for RCR to save our family. However, my wife’s behavior during our marriage and her refusal to return have made reconciliation impossible. She’s accused us of dowry and domestic violence, even though I have proof of her misconduct. The Supreme Court transferred the case without considering the mediation report, delaying the process further. What should I do in this situation? Is it better to pursue RCR and then withdraw, or go straight for a divorce?

Apni Law
Apni Law
Law Forum › Category: Divorce › I’m a 45-year-old man living in Delhi for work. My wife filed for a transfer of our RCR case from Delhi to Darbhanga, Bihar, in 2013, where she lives and where we got married. The case reached Darbhanga in 2014 and is now at the evidence stage, after almost 3 years. I’m considering withdrawing the RCR and filing for divorce based on desertion and cruelty, given my age and the time spent on this case. My 10-year-old daughter’s well-being is my top priority, and I initially fought for RCR to save our family. However, my wife’s behavior during our marriage and her refusal to return have made reconciliation impossible. She’s accused us of dowry and domestic violence, even though I have proof of her misconduct. The Supreme Court transferred the case without considering the mediation report, delaying the process further. What should I do in this situation? Is it better to pursue RCR and then withdraw, or go straight for a divorce?
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Apni Law Staff asked 1 month ago

I’m a 45-year-old man living in Delhi for work. My wife filed for a transfer of our RCR case from Delhi to Darbhanga, Bihar, in 2013, where she lives and where we got married. The case reached Darbhanga in 2014 and is now at the evidence stage, after almost 3 years. I’m considering withdrawing the RCR and filing for divorce based on desertion and cruelty, given my age and the time spent on this case. My 10-year-old daughter’s well-being is my top priority, and I initially fought for RCR to save our family. However, my wife’s behavior during our marriage and her refusal to return have made reconciliation impossible. She’s accused us of dowry and domestic violence, even though I have proof of her misconduct. The Supreme Court transferred the case without considering the mediation report, delaying the process further. What should I do in this situation? Is it better to pursue RCR and then withdraw, or go straight for a divorce?

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Apni Law Staff answered 1 month ago

Given the delay and your wife’s accusations, pursuing divorce based on desertion and cruelty seems a more practical option. You can pursue this alongside a custody agreement for your daughter, prioritizing her well-being. Consult a lawyer to navigate the legal complexities and ensure your rights are protected.

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