Cruelty
Querist :
Anonymous
(Querist) 22 December 2011
This query is : Resolved
after sec.9 ex-party decree in my favour where it was ordered for wife to resume cohibition within one month from order date, but she did not responded. after two months from order date i filed divorce petition, does filing divorce petition comes within perview of cruelty?
Devajyoti Barman
(Expert) 22 December 2011
You have to file divorce petition only after one year from the date of decree in RCR and the ground available to you is to take the plea of non compliance of RCR decree.
Raj Kumar Makkad
(Expert) 22 December 2011
Instead of filing divorce petition, you would have filed an execution petition. By filing your petition seeking decree of divorce, it may be concluded that you have deliberately prepared the ground of RCR for getting rid of your wife and you deliberately got your wife ex-parte in RCR.
You would have waited for a year for filing petition for divorce though its filing is not a cruelty but it depends upon the contents of petition whether the allegations leveleed therein come within the preview of cruelty or not.
Deepak Nair
(Expert) 23 December 2011
Rightly advised by Mr. Makkad and Mr. Barman
prabhakar singh
(Expert) 23 December 2011
Your petition is premature if you have preferred it to be filed just after two months of passing of RCR decree.Better withdraw it if based on RCR decree.
Shonee Kapoor
(Expert) 24 December 2011
What is your lawyer doing?
Get better lawyer, you would loose all benefits of ex-parte RCR.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 24 December 2011
If you want to get divorce on the grounds of non compliance of non compliance of court order in RCR, you have to wait for one year.
But, if you want a divorce on other grounds as stated by the Act, you can file it. It will not be treated as cruelty.
You have to choose whether you want your wife back or divorce.
V R SHROFF
(Expert) 24 December 2011
"Your petition is premature if you have preferred it to be filed just after two months of passing of RCR decree.Better withdraw it if based on RCR decree"Agreed with PS
Als Rightly advised by Mr. Makkad and Mr. Barman.
RCR IS FOUNDATION FOR DIVORCE PETITION, AND YOU hasted it . made it very obvious, that in fact you do not mean RCR, YOU WANTED DIVORCE.
You spoil your own case by your own AXE.
Your Wife will certainly Dig up this case, and oppose Divorce later on also.
Better find another ground.
