Legal query on filing of a restitution of conjugal rights petition..

Q 1. I filed RCR (restitution of conjugal rights) before 9 months and before I get ex-party they just appear. Next month is another date, at which they are going to give their reply. But during these RCR period also few things happened, which is bit intolerable to me.

So before they reply to their court can I withdraw the case and file a fresh divorce case, so shall I explain during the hearing date and I will simply tell to magistrate that "although I filed RCR but as in between these things happened, so right now I am not going to take her any more"...In such case "if she will play a dual game for just to show interest and after that court will make bound to me to take her and once she will come and do the same cruelty and run away and then file all cases then I will be nowhere".. As right now she is separated for more than 1 year, so now I guess if she will file cases then I can say that "If I did any cruelty then why she did not filed any cases so far, and in order to avoid her mistakes, she is filing these cases".
Can anybody suggest me that, withdraw of RCR take how long? Or same RCR can I add something and request to court for make it to divorce case? Or divorce should be separate case?

Can she able to transfer the case to her jurisdiction? (As I filed in family court, and at their home town there is no family court (only lower court is there). In such case she may have to transfer either to his season court or to her lower court? Regards KVN.

Ans. In my opinion, it is not advisable to withdraw RCR case. Filing of RCR itself is a bar for your wife to file any criminal complaint against you. Please wait and see what actions she is taking. At this stage, it is possible that, she can come with a stay order by filing a transfer case. Or she can file her objections too. Even if she does file her objections, you will come to know what her stand is. She has moved away from you since 1 year, she must have got some reasons for this. Now if you find she has no intention to file any transfer case, please go for mediation. Here you can agree for divorce without further delay, file a separate petition and get divorced, you cannot make any changes in RCR to convert it into a divorce case. If you withdraw your RCR case, you are starting from scratch. Even if she says, she is ready to join you; you will be able to understand her during the course of the case. You can take a call at that stage. Withdrawing any case is a matter of minutes. Just appear before the Court on the date given and file a memo stating so and the Court will happily close the case saying case not pressed.

Also continuing the present case has an added advantage, that, you can anytime decide to file a divorce case during the pendency of the RCR and hand over the summons or notice to her by informing the court in the RCR case, if mediation fails and you doubt the RCR will be decreed in your favour, then get it withdrawn.

Q 2 My wife has been putting up at her parents’ house for a little over past six months with my kid. All my and my family's efforts of bringing her back are in vain. My parents, family members, mediators of our marriage tried to contact my in-laws but they don’t respond at all my efforts of calling her and seeking to meet her at her parents’ house are being neglected / avoided / rejected. She hasn’t called anyone in my family (including me) since the time she left home, has picked up calls only once or twice from my/our side outta over 50 attempts. 

Questions:

1. How can Section 9 help me bring her back home? -RS

Ans. Well, filing a RCR is a blessing in disguise, but cannot guarantee that your wife will come back and join you. However, filing a G & W C along with RCR will keep the pressure on your wife to consider coming back. Further with RCR, she cannot file any criminal complaints against you or your family, like 498 A, D V act etc. I suggest, attempts to reconcile made prior to filing a case are always fruitful either personally or through a counsellor and use of legal remedy should be the last resort.