If husband refuses rcr?

Manager

I have been staying seperately from my wife since 3 years due to incompatibility issues. Now she has sent a lawyers notice of RCR that I take her back. I'm not willing to take her back at any cost and ruin my life.

What are my chances of getting a divorce in this situation?

 
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Advocate

If you can prove the incompitability to such extent that there is way forgrounds of cruelty, you can file petition for dicorce under that clause and the same will succeed.

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zz

And remember, contested divorce is a rarity in India. If differences are ir reparable, then MCD is only way out.

In ur case, even if u lose RCR case put by her, nobody is compeeling u to live wid her. so relax & find ways for MCD

 
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Go for MCD otherwise file a divorce under desseration as you are staying away from your wife for 3 years now.

 
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Let her get RCR decree. Then if you can't cohabit for one year after RCR decree, any party can file for divorce on this ground.

 

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 7[one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

 
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Legal Enthusiast

hello,

after passing the decree of RCR if both parties are unable to co habit with each other for a period of one year  then it itself is a ground for divorce.

 
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zz

Only petitioner can take this a ground for divorce, not respondent. (Non compliance of this RCR deceee for 1 yr)

 
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The HMA does not restrict it to only petitioner. Any party can move for divorce after there has been no cohabition for 1 yr after passing of RCR decree.

 
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zz

U mean to say......if wife wins RCR decree in favor. Husband refuses to cohabit for say 2 yrs. Then husband can this ground to get divorce??? I stil disagree, coz one can not take advantage of his own wrongs

 
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