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(Guest)

Divorce ground

once husband files divorce on desertion and cruelty......as a counter if wife files RCR.....and if wife wins the RCR case.....then also if husband refuses to cohabit with wife...... so after one year of execution does it becomes a fresh ground for divorce for the husband? or wife can withdraw RCR anytime ??



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 12 Replies

498 A fighter (Advocate)     24 October 2012

If wife win RCR and husband refuses, then wife can also files divorce and she get easily the only thing here is that she is getting benefit of maintenace if she file maintenance case.

no one can pressurise anybody even court or police to cohabit with wife/husband.

MohammedRaffiq Bijapur (Advocate)     24 October 2012

After a year the decree RCR would be ground for divorce. To enforce decree there are mode prescribed in CPC. Take benefit of those provisions.

Chetan Joshi (Advisory/Advocacy)     24 October 2012

NON - COHABITATION after a Decree of RCR is a VALID ground for divorce...

 

Thanx


(Guest)

If wife deny for Cohabit with Husband than its cruelty against Husband. Perfect ground for Divrce. variouse citation available for this ground.


(Guest)

but since my hubby has already filed for divorce.....so if rcr goes in my favour.....and he refuses to cohabit......then also he will get a divorce ??

vijay (M)     24 October 2012

I did not get it.  If the Husband has filed for divorce on grounds of desertion, means 2 years have elapsed.  What was the wife doing all these years?  And after that why file RCR.  Under the circumstances will it stand ?  I doubt .

rajiv_lodha (zz)     24 October 2012

No, husband can not get benefit of his own wrongs in this situation.

Non compliance of RCR decree (which is in ur favor) by the husband will make divorce ground for U not for HIM!


(Guest)

Wife can withdraw RCR anytime.

The failure of the husband to cohabit with the wife even after a decree of RCR being passed in her favour becomes a ground for divorce for the wife after a year from the decree.


Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court

1 Like

sandhya (***********)     25 October 2012

If shalini get RCR in her favour What will happen with her husband's divorce petition ?

I mean Will it Dismisse Cause of RCR or would be continued for trial ?? ( Sorry Shalini i just want to know abt this so i m asking question in your post )


(Guest)

thanks to all the above experts............

@ sandhya: no worries...........

rajiv_lodha (zz)     25 October 2012

Practically what is done..............Court clubs both these petitions, & the result is not contradictory!


(Guest)
Originally posted by : shalini

but since my hubby has already filed for divorce.....so if rcr goes in my favour.....and he refuses to cohabit......then also he will get a divorce ??

No chance of him accepting.  They might give a favorable decision of RCR, its just that toffe cover which does not have toffee inside it, its just a cover, you will have to start fantasizing that there is toffee in the cover and eat it!


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