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MPW   15 June 2018

Divorce after rcr decree

My wife has deserted me for 3 years now, I have filed G&WC and got child visitation rights, about to get RCR decree in 2 hearings. Where as my wife has filed DVA and Dowry case(498A) and she hasn't got any maintenance till the date as she is overqualified(PhD) and on job where as I am jobless and doing sundry business. After RCR decree If I file for Divorce on Desertion and Cruelty grounds can she file RCR in counter?


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 3 Replies

Aman chawla (DELHI HIGH COURT ADVOCATE)     15 June 2018

No, she will not file RCR, and suppose if she files you can counter her all averments by her reply which was submitted by her in your RCR case, and moreover, you can also  say that now why she wants to live with me as when she has filed 498A and was not ready to go back with me when i wanted. 

And do go for Divorce on the ground of cruelty and desertion if she will not come after you get RCR decree.

Thanks,

Regards,

Aman Chawla

SHIRISH PAWAR, 7738990900 (Advocate)     15 June 2018

If your wife does not come and reside with you after decree of RCR you can file divorce on desertion and cruetly and after that she cannot file RCR as she has not complied with RCR already passed. 

1 Like

Vijay Raj Mahajan (Advocate)     16 June 2018

What is the position in criminal complaint case under 498a IPC, till that matter get resolved don't file for divorce. RCR decree that you get won't serve purpose for seeking divorce on the ground of cruelty and desertion just now. The collective evidence like your acquittal of criminal complaint case, having RCR decree and non consummation of conjugal relationships between you both even up to 1 year after passing of decree of RCR will get you divorce easily in the Family Court. Wait till all this is achieved , any hasty step now will spoil your divorce case.

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