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(Guest)

Rcr dissmiss and after 1 year non complainace is a ground

After husband filed RCR if wife agree to join with husband on court then what will court do:-
1) pass a RCR decree ?

or 
2) Dismiss RCR ?

Another Question :-
If RCR dissmiss and cohabitation not restore then husband can apply divorce on ground of Non complainace after 1 year ?
 



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 2 Replies

ayushi (lawyer)     05 July 2014

If wife agrees to join thenpetition becomes infrutuous and there is no need to grant rcr now. In other question if dismissed, on dismissal no ground of divorce after one year of non cohabitation. It is only if rcr granted and no cohabitation for one year then.can file divorce on.this ground. However, if no cohabitation continues for continous two years in total u can ask.for divorce on desertion. Also if wife has agreed to join u in rcr and she doesnot join you or returns but again goes back with.th intensltion of cheating court then you can try divorce under cruelty proving her intention just to bluff by.the circumstances.
1 Like

ayushi (lawyer)     05 July 2014

If wife agrees to join thenpetition becomes infrutuous and there is no need to grant rcr now. In other question if dismissed, on dismissal no ground of divorce after one year of non cohabitation. It is only if rcr granted and no cohabitation for one year then.can file divorce on.this ground. However, if no cohabitation continues for continous two years in total u can ask.for divorce on desertion. Also if wife has agreed to join u in rcr and she doesnot join you or returns but again goes back with.th intensltion of cheating court then you can try divorce under cruelty proving her intention just to bluff by.the circumstances.

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