confused (Business) 29 August 2012

Help on ex parte divorce

Dear Forum Members,

I would be grateful if you could go through the brief synopsis of my case and provide your valuable suggestions
• Marriage happened almost 20 months back, arranged marriage.
• Non consummated beacuse she kept claiming that she is not ready and blah blah blah.
• Spouse stayed with me for just 1 week citing job since she stays in another city and promised to relocate within sometime
• Even after specified time there was no sign of her relocating so I started putting pressure on her and her family members, things escalated and she told that she cannot relocate
• I filed for RCR which went exparte, in the meantime elders tried to sort the issue but I was falsely accused of being impotent so she will not rejoin
• After getting exparte decree on RCR I sent the judgement copy to rejoin ASAP but there was no reply or response
• After waiting for a month I filed for divorce under cruelty
• Summons were served to her but she did not attend the proceedings.
• After 3 hearings and evidence the judge gave the judgement date but on the judgement date the judge has postponed the date by 1 month.
• After buttering and paying some money to the court people I came to know that the cruelty mentioned had taken place before filing RCR so judgement has been delayed.
What is my next plan of action, since non consummation of marriage for almost 20 months is a cruelty according to my limited knowledge.

Please help me out.

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7 Replies

Prashant Ghai (Advocate) (PrashantGhai.com) 29 August 2012

1. You could have also filed an execution petition in respect to your RCR decree before filing the divorce petition.

2. How long (in months) has your wife continuously lived away from you since your marriage?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 August 2012

Dear Querist,

1. Just because other party does not participate you don't become entitled to something that you otherwise are not. What I mean is that you stilll would have to proeve cruelty, by what you have said I can gather that sincce allegations levelled pertain to period before filing of RCR the judge is maybe taking filing of RCR as condonation. - I don't agree. This wont detain the judgment from passing the judgment in your favour.

2. Marriage without s*x is anathema, cruelty of the higest order - non consummation is a ground for divorce.

Good Luck !

Adv. Bharat Chugh

*Supreme Court of India

*Delhi High Court

*Distt. Courts in and around Delhi/NCR

1 Like

confused (Business) 29 August 2012

Dear Prashant,

I went by my lawyers advice since i'm a novice to answer your first question.

She has been away from me for approx 19 months.

I'm just worried that the petition might be dismissed or prolonged. I dont see any reason for this since she did not attend the RCR or Divorce proceedings inspite of multiple notice for both.

confused (Business) 29 August 2012

Dear Bharat,

Can the judgement go against me at this stage? or will it be dismissed.

Prashant Ghai (Advocate) (PrashantGhai.com) 29 August 2012

As Adv. Bharat Chugh rightly said, there should not be an issue in getting the judgement in your favor as your wife's refusal in consummation with you without any sufficient cause amounts to cruelty. So if your advocate has drafted the petition well, there should'nt be any difficulty in the getting the judgement in your favor.

Also, if you would have waited for another 5 months, you could have also taken the plea of desertion by your wife as a ground for divorce along with cruelty.

rajiv_lodha (zz) 30 August 2012

U got RCR in ur favor, still filed divorce on CRUELTY GROUNDS. When u applied for RCR, u in the other words have condoned her cruelty. Ppl who take RCR route for divorce, get decree in their favour n after 1 yr of non-compliance, file for divorce on this ground. This way it becomes very easy.

Also, desertion ground needs min 2 yrs of wilful desertion.

confused (Business) 10 September 2012

Dear Forum members,

In the worst case sceniro if my appeal is dismissed can you please guide me on the POA. My advocate says that the petition can be withdrawn and I should file a fresh one after the expiry of the RCR period. Is this going in the right direction?

will my current divorce petition affect the next one, What if the other party states that she did not rejoin because of my divorce petition.

Thanking you in advance for your answers.