Cruelty ground - rcr


Hi,

One of my friend filed RCR mentioning crutely ground 2 years back and wife turned  back and they are living together.

Unfortunatley Wife's behaviour is not changed and since 6 months she is she is showing hell to him.

Now he is planning to go for divorce. Can he go for divorce on crutely ground? Because he had condoned previously.

Thank you very much in advance for ur reply.

 
Reply   
 
Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Condonation is forgiveness - and re-instatement of erring spouse by the innocent spouse (Dastane v. Dastane 1976) the fact that RCR was filed and then your friend took her back and cohabited - does lead to inference of condonation. 

However - No Condonation is absolute and it does not completely wash out earlier cruelty - - cruelty after resumption of cohabitation revived the earlier cruelty - Divorce petition is maintainable. 


Total likes : 1 times

 
Reply   
 


Legal Evangelist - TRIPAKSHA

If he files divorce, previous cruelty would be revived.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
Reply   
 

How can he proove this ground? Can he use his RCR execution as evidence?

or does he need any documentary etc.,?

Please advice.

 
Reply   
 
ADVOCATE

although the previous act of cruelity condoned by the stigma stays and it can be revived

 
Reply   
 
Legal Evangelist - TRIPAKSHA

How can he prove the same? The same manner he would have proved it first time. Documentary and oral evidence.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu