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ram (none)     15 November 2018

Contested divorce - withdrawing rcr - accpeting divorce

1. Wife applied divorce in the year 2011 and the case is stil pending for 7 years, got to know about the divorce application only in 2013 she was silently running the case and i was sending money to her from my bank account to her bank account as a dutiful husband until 2013

 l 2. filed RCR in 2014 , both the cases are clubeed (divorce and rcr)

3. Since the case is getting delayed, i want to accept her divorce and want to withdraw RCR. Can i accpet her divorce with effective from 2011 and request the court to provide an order with dissolution of marriage with effective from the Year 2011 (Date of filing of wife divorce petion). Would the court agree the same? 

 

regards,

Ram



Learning

 7 Replies

TGK REDDI   15 November 2018

A Divorce can't be retrospective.

Shashi Dhara   15 November 2018

U bothpresent jointly file mutual consent. for divorce.on that onwards it becomes effective as per court orders .

ram (none)     16 November 2018

The question is if in teh mutual consent divorce, if we enter that the date of separation as 16-Sep-2011 , can the judge grant that we are legally divorce from the date of separation or would it become effective from date of annoument? please let me know..

Shashi Dhara   16 November 2018

From the date when judge orders
1 Like

Shashi Dhara   16 November 2018

U r already delayed Urgently file joint petition .

Kumar Doab (FIN)     16 November 2018

The decree of divorce is from date on which court has awarded the divorce.

You may discuss in confidence for mature deliberations with your own counsel on your matter.

The query also hints that you need to be properly informed for which your counsel can also hlep you.

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups for spouses (husband or wife) , community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, trade association leaders,  etc   etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Avoid IT’s and entities loitering at various online portals to allure and fleece unsuspecting/innocent/hapless  querists many of which advertise with pictures of sick and old indivisuals and claim to be some Lawyer ( infact a Liar) and flaunt unknown firms as Law Firms ( Infact Liar’s firms) ….and are good for nothing Mufatkhora’s ( Freemongers) looking for bakra/shikar…

 

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g;, Family/Civil courts, HC, SC … Such counsels can draft so as to suit your long term interest.

You can also try for FREE legal aid from legal Aid center (DLSA) that is usually within LOCAL courts compex preferably from a counsel specializing in Family/Civil matters.

TGK REDDI   17 November 2018

Such Counsel are a white crow and it's futile to look or search for them


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