Upgrad LLM

498a and rcr


A false 498a case has been filed on me and my parents a year before , under misguidance of her parents , right now I am fighting it on my merits , I want to bring my wife back & don't want to get separated from her ever , so I am thinking of filling RCR . So what should I do ? And also want to know that if RCR decree is awarded to me , and then for the said period of 1 year after getting the decree in my favour , she does not comes to stay with me , Does this becomes a ground for my wife to file a divorce case , the noncompliance of RCR ?
 
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Advocate

Please note, non-compliance of RCR, if it's been filed by you and not been complied by your wife, avails YOU and not your wife the ground for divorce.
 
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Does this becomes a ground for my wife to file a divorce case , the noncompliance of RCR ?
 
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Thank you , very much Raveena Kataria
 
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Advocate

Yes even your wife can file divorce on non-resumption of conjugal relationships as this ground is available to both of you even the RCR decree was made in your favour.
 
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Practising Lawyer

First of all, when false case of 498a is filed against you and your parents, why you want to go for restitution.   Do you think you would suceed in gettng decree.  I do not think so.   If you have true intention of staying with her, then only file RCR.   Else you can very well file divorce petition on the ground of cruelty and you will get decree of divorce in your favour.

ANd I do not think in case if you get RCR decree, wife has ground later for divorce for non-resumption.

 

 
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Yaa this ground is available for both of us , But the petition for RCR is filed by me & in my favour the decree is awarded by the court , then how come she also becomes eligible along with me to file the divorce petition on this ground , for the wrong doing of herself by not following the orders of the court to resume the conjugal relationship with me
 
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I have true intention of staying with her no doubt in that , & no other intention or any false motive , because it's not her decision & she is being misguided by her parents...
 
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Advocate

If wife does not join you inspite of decree in your favour in RCR then you will have to file petition for divorce. You wife has right to file divorce on the grounds she find relevant and RCR will not come in her way. So act smartly.
 
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Yaa she has right to file for divorce on relevant grounds & my RCR will not come in her way , but can she use my RCR decree by intentionally not complying with the order of the court of staying together and then take the benefit of this for her false motive , of using this provision as her ground for filing divorce petition
 
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