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megh dute (TSI)     13 January 2015

After got decree of rcr

R/member,

After getting decree of RCR, what is the next step? If any husband get the decree & also acquital from the allegation of IPC 498a, then what he will do?

Regards 



Learning

 6 Replies

Laxmi Kant Joshi (Advocate )     13 January 2015

Its upto you if you want to take her back then go on requesting her otherwise file divorce u/s 13(1)(i-a) of hindu marriage act on the ground of cruelty as she had filed false case of dowry harshment against you .

Anand Bali Adv. (Advocate Solicitor & Consultant)     14 January 2015

As you said that Husband has got acquittal from the court and also has won the RCR case; now as per the natural wish she will be going for the Divorce against the wife as false cases are itself is a good ground for the getting Divorce from spouse.

T. Kalaiselvan, Advocate (Advocate)     18 January 2015

After RCR, the petitioner can send the notice to the respondent to join back the petitioner, if the respondent do not respond to the same and one year period lapses, the petitioner can file a divorce on he same ground.

megh dute (TSI)     21 February 2015

Thanx to all the member for giving their valuable comments about my question.

fighting back (exec)     21 February 2015

@ T kalaiselven...........sir. as per your reply, " the petitioner can send the notice to the respondent to join back the petitioner" however if the petitioner is a wife, then will she still send a notice to "join" her or will the court order the "respondent husband" to take her back?

and what if the respondent husband goes in for an "appeal" in the high court?, then what happens to the decree passed against the husband?

thanks sir

T. Kalaiselvan, Advocate (Advocate)     21 February 2015

If the petitioner is the wife she can either barge into the house of her husband or her matrimonial home on the basis of the RCR decree in her favor or she can send a notice to the respondent/husband to take her back into the matrimonial fold within the time stipulated or to face consequences legally.  Preferring an appeal against the judgement is the right of the respondent, he can very well do so, there is no law restraining him from preferring an appeal against the judgement which aggrieved him.  The appellate court will decide about the lower court judgement but the petitioner cannot be restricted from going ahead on the basis of the judgement in her hand if there is no stay of operation of the impugned judgement by the appellate court.


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