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jay pathak (officer)     03 October 2014

Divorce and rcr

Dear Sirs

 

I have filed divorce under section 13(desertion and cruelty) after 2years which is a very strong case in ahmedabad. After that my wife has filed a RCR and maintenance under section 24 and section 26 in pune. Now if i say to wife that i am ready to accept her  then does it mean i have pardoned all her acts of desertion and cruelty.After that she does not come can i reopen the case based on desertion and cruelty

 

Regards



Learning

 7 Replies

Adv. Chandrasekhar (Advocate)     03 October 2014

The answer is yes and no.  So tread the path carefully.  First in RCR give the recorded statement before the judge that as the wife is willing to come to matrimonial home, you would like to give a try and spell out specifically that you have not condoned any of her cruel acts.  But if she comes and stays a reasonable period with you, then two years desertion cannot be a ground for you in future divorce petition, but cruel grounds still subsist. There are some judgments which say that due to court intervention at the behest of wife's RCR , cohabitation resumed that would not be taken as the husband condoned her cruel acts earlier to the filing of RCR.  

jay pathak (officer)     03 October 2014

Dear sir

 

Thanks very much

Since she is working can she put a condition that i will come back when i get a transfer. After that she can buy indefinite time saying transfer is not in her hand

Is it possible.

Regards

 

fighting back (exec)     03 October 2014

@jay phatak................i differ with adv chandrashekhar...when you have filed for divorce, it means you have solid grounds to ask for it. and a lot of thought and consideration has gone into filing it. now if you accept her RCR petition, it is automatically implied that you have pardoned her cruel acts. you cant have two views while accepting the RCR, one only accepts the other spouse when he decides to forgive and forget. you cant keep your legs in two boats. again after you file for divorce after her RCR, your case will become very weak, and also remember it is equally dangerous to accept a woman back in the house, as such a woman has been tutored by cunning lawyers to enter the husbands house and then make false grounds to file cases like 498 and DV.  and if you think that by accepting her RCR, you will be relieved of maintainence. then you are totally wrong. you will anyway have to pay maintainence....so think about it...............

jay pathak (officer)     04 October 2014

Sir

Thanks for your reply

What does it mean that i wll have to pay for maintenance even after accepting her RCR.

 

Regards

great india (manager)     04 October 2014

Agreed with fighting back Husband if accepts wife..... Haves physical intimacy..... It condones desertion as well as cruelty..... If you file for divorce later...... Fresh grounds would be necessary.... Although previous acts may be added just as a reference of character and attitude of opp.party.....

rebellion (fighting against bias law)     04 October 2014

100% Agreed with  @fighting back

rebellion (fighting against bias law)     04 October 2014

100% agreed with @fighting back and @great India. Once you accept back her on her RCR you will lose all your grounds. May be if still you want sit again on time bomb then possible way in mediation of divorce case where you can ask her to accept all cruelty and ask court for probation period (which possible i read this in LCI somewhere), check feasibility with your lawyer.

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