Refusal in counselling of Restitution of conjugal right case

naveen (Querist) 06 January 2011 This query is : Resolved
Sir/madam

my wife is living seperatly since 15 month .i filed the case of RCR. in the counselling in first date .my wife has refused to came.

my advocate is giving me advice to file the case of divorce directly on the behalf of refusal in RCR couselling

kindly advice is it right ?

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Amit Minocha (Expert) 06 January 2011
merely on refusal in counseling you should not switch to divorce in a haste. Just wait and see what she states in her reply before the Court in RCR.

naveen (Querist) 06 January 2011
Sir,

Plse advice i will get the decree or RVR ?

Amit Minocha (Expert) 06 January 2011
in RCR you would get the relief of RCR only, provided you are able toprove your case.

Dineshwar Singh Kaushik (Expert) 06 January 2011
If your wife had refused to lead conjugal life with you before the Principal Judge of Family Court then you may go ahead for divorce case ,there will be no benefit by waiting for w/s or for final order in RCR case.

Gulshan Tanwar (Expert) 06 January 2011

Amit Minocha (Expert) 09 January 2011
withdraw your petition with liberty after getting her statement recorded in the Court and file petition for divorce.

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