Rcr to divorce
Rahul Sharma
(Querist) 31 July 2012
This query is : Resolved
Dear All,
Can someone help me in knowing the right time to covert RCR to Divorce, I got married in Dec 2010..she left finally in April.. I filled RCR in Dec 2011..till now I had two hearing in first hearing her lawyer came and gave vakaltnama ..in second hearing they asked to dismiss my application and gave reply with false allegation on me and my family...but court order for amicable settlement..this happened in may 2011..now next date is in Aug 2011...the point is on last date she told court that she don't won't to go back but need separation (this was not on record)..though court ordered for amicable settlement.
Now my question; my new lawyer is suggesting(I recently changed because of some issue with old one) is suggesting to withdraw RCR and go for divorce on basis of desertion and non-consummation of marriage. What is the best way to convert RCR to divorce. Do I need to withdraw RCR or can also convert RCR to divorce. Should I wait for sometime or should I do this in Aug hearing only?what would you suggest.
I initially applied for RCR to safeguard me and my family from any false allegation plus I won't to give one chance to our marriage, but looking at her reply (lots of false allegation on me and my parents)...I am thinking for divorce.
Please guide...should I wait bec I think she will say for divorce on record in next two dates..may be during mediation.. Though not sure.. Please guide.. PS; Please do read my previous threads for better understanding of my case.
Devajyoti Barman
(Expert) 31 July 2012
The filing of RCR means you have condoned all her acts till the date of filing the case of RCR.
If you condone the acts of the respondent you can not take help of the said facts for divorce anymore.
In other words in the vent if you decide to go for divorce you have to mention subsequent events after the filing of RCR to pray for divorce. The old facts are no more available to you for divorce.
K.K.Ganguly
(Expert) 01 August 2012
The most effective course of action for you at this juncture will be to pursue your RCR case & get the decision in your favour and to file the Divorce case if she refuses to rejoin you inspite of Court Order.
V R SHROFF
(Expert) 01 August 2012
RCR is useless.
As rightly informed to you by Shri Barman, you lost your opportunities.
PLAN WELL BEFORE ANY ACTION, OR REPENT LATER.
Any RCR decision will be useless too, even if decided in your favour.
Rahul, Can you please forward the court order for your statement "but court order for amicable settlement..this happened in may 2011."" as I personally can't believe any court will pass any such written order, you stated here.""
Your act was in HURRY, that can only lead to ***, and do not take false allegations in reply seriously. It is drafted by her Advocate.Games of Court should not be considered for deciding your Life.
Try to find root cause of misunderstanding, so soon, in marriage, and try to remove it.
Had you been to Marriage Councillor during this period??
I m unaware of your previous threads.
Rahul Sharma
(Querist) 04 August 2012
Thanks ALL for the guidance, I do have this impression now that filling RCR means I have in a way condone all her acts...BUT Isn't there any way to go for a divorce at least on the grounds of desertion and non-consummation of marriage.
@ Mr. V R. Shroff
Thanks for the reply sir, please answer to my above question as well.
About court order...Yes, court did ordered to go for a possibility of amicable settlement on my last date (May 2012)...Please consider the changes in my first post, all the dates after Dec 2011 mentioned above is for year 2012 (last date attended - may 2012 & next date hearing- Aug 2012)
About misunderstanding and all - I along my family member did tried a lot to save my marriage life, but everything went in vain and I end up filling RCR on Dec 2011 after 8 months of efforts (from April 2011 - Dec 2011)
Moreover Yes, I did been to marriage counselor during this period to save my marriage but again over here I attended 3 sessions and she didn't even reached once and use to avoid talking to counselor as well. I hired one of the Private marriage counselor in Delhi (renown marriage counselor)...so after 3 sessions I withdraw looking at no positive response from her side.
Please guide, is there a way to withdraw or move RCR to divorce based on above grounds or what strategy should I take. I somehow feel that in 2 or 3 more dates she herself would say for a separation (Though Not sure), in fact as mentioned above in may 2012 as well she did asked for separation (this was not taken on record) but court asked to pursue the possibility of amicable solution
Please share any previous judgment as well, which could help me (related to my case)
Thanks all for the kind support and guidance; I am seriously much thanked full to all the supports you people give.
Regards,
Rahul Sharma
Rahul Sharma
(Querist) 05 August 2012
ALSO, just to add to above query; she did accept on the non-consummate of our marriage in reply to my sec 9 petition.
ALL PLease reply to this, PLease guide and support....
V R SHROFF
(Expert) 05 August 2012
Wait till May 2013 to file desertion + cruelty case Divorce Petition.
Get certified true copy, to try for no consumption of marriage, as per her own averment on oath under RCR
