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radhakrishna (employee)     15 November 2013

Can rcr be converted to mutual consent divorce

Wife   has filed petition for RCr. Now wants compromise.  Can Rcr petition be converted to mutual divorce.  Please advice . Is there any problem in doing so 



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 4 Replies

sandykrish (Interested in Family LAW)     15 November 2013

No problem at all, Please ensure the MOU happens in front of the mediators or Judges, ensure that you are okay with the terms and file a Joint petition for MCD for first motion. Speak to the lawyers on both the sides the cooling off period can be reduced to 2-3 months citing the RCR periord and get the second motion for Divorce decree.

All other stuffs need not answered presuming that you are well aware of the limitation.

 

Hope this answers your legal query!

Laxmi Kant Joshi (Advocate )     15 November 2013

rcr cannot be converted into mcd petition because both are for different purposes , one for restitution of conjugal rights means wants to take back his or her deserted spouse ,on the other hand mcd is a procedure to take divorce by filing divorce petition jointly by means of their terms and condition (MOU) .

sandykrish (Interested in Family LAW)     15 November 2013

Yes I agree with Laxmi here, when you arrive at the agreement through MOU, withdraw the RCR case after filing MCD .

radhakrishna (employee)     16 November 2013

SandyKrish thanks for your response

Please let me know what is the limitation you have mentioned.


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