notit4tat (SoftwareEngineer) 17 December 2013

Filing divorce while rcr is pending at evidence stage

Dear all Experts,

I am in a confusion, In order to file divorce is it mandatory to withdraw the RCR ( RCR case is at evidence stage)?

As someone said in the forum, we can refer the pending RCR case for the 2yr desertion and 498, DV (which are going in a trail court) are the cruelty , how far it is true, is it not contradicting as two cases are totally different and opposite?

Please clarify me soon which help me to file divorce so that I can manage the time as my wife is neither giving me divorce nor joining me.

Thanks

Reply Follow

3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 17 December 2013

You withdraw the RCR and file fresh petition for divorce on the ground of desertion. You can refer the RCR in the divorce petition to show the desertion.

Adv Archana Deshmukh (Practicing Advocate) 17 December 2013

You should withdraw the RCR case before filing the divorce. It is absurd to keep RCR and divorce cases simultaneously. However, do mention in your petition about the filing of the RCR.