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(Guest)

Rcr petition

I have filed RCR 5 months ago. At the time of  3rd Court summon, wife  appear in court through a lawyer and want time for contest RCR petition.  In the mean time she return marital house. She is not file any case against me.

Now which is best do I need to continue RCR, as I know wife have no evidence to prove in court. 

How will I get decree in my favour if wife contest RCR, she don't want to restore conjugal life, just return and pressure our family.

If RCR not close after 1 year then can I cancel the petition and apply for Divorce ? 



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 9 Replies

Laxmi Kant Joshi (Advocate )     11 April 2014

you had filed rcr in the court and in connection to that she had returned to your home she will equally respond it in the court , your neighbour , relatives and other people were the witness of it , if you have proper grounds to file divorce you can file it but its impact will badly harm you one side you are filing rcr and on The other end when she had joined you , you had filed divorce its shows your malafide intention and a cruelty upon her , better ready her for mutual consent divorce and go for it and get rid from her.

(Guest)

joshi Sir,

As after return marital home wife don't want to restore conjugal life and not want divorce. At this situation do I need to continue RCR ?

After 1 year from the date of RCR Decree  can I submit Divorce petition for the ground of non-cohabitation ?

Laxmi Kant Joshi (Advocate )     12 April 2014

When your wife had joined you in your matrimonial home then no need to carryon the rcr. 2. yes, you can file divorce after 1 year of rcr decree , you have a proper ground for that non- cohabitation is a cruelty upon you and a perfect ground for divorce also .

Laxmi Kant Joshi (Advocate )     12 April 2014

When your wife had joined you in your matrimonial home then no need to carryon the rcr. 2. yes, you can file divorce after 1 year of rcr decree , you have a proper ground for that non- cohabitation is a cruelty upon you and a perfect ground for divorce also .

Laxmi Kant Joshi (Advocate )     12 April 2014

When your wife had joined you in your matrimonial home then no need to carryon the rcr. 2. yes, you can file divorce after 1 year of rcr decree , you have a proper ground for that non- cohabitation is a cruelty upon you and a perfect ground for divorce also .

(Guest)

joshi Sir,

RCR  petition approved by court and passed decree but not yet passed in my favour. Wife appear court through lawyear at 3rd saman and want time for contest RCR.   If I close RCR now due to wife returned to me then how I able to apply for divorce after 1 year due to non- cohabitation. At this situation do I need continue RCR or close it. 

Laxmi Kant Joshi (Advocate )     13 April 2014

Jiban don't waste your time in useless rcr , if rcr decree is not passed then withdraw it and immediately file a fresh divorce case on the ground of non-cohabitation by your wife a cruelty upon you .

(Guest)

joshi Sir,

I have one more question,

RCR petition mention that wife live separate from 29/10/2013, not complete 1 year.

So can It be valid "ground of non cohabitation" for Divorce or do I need wait for 29/10/2014, to complete 1 year of RCR petition for apply Divorce in ground of non cohabitation.

Laxmi Kant Joshi (Advocate )     14 April 2014

jiban rcr decree is not passed its right then no question arise to wait one year to file divorce case , if you don' t want to cohabitat with her then withdraw your rcr and file the divorce , there should be some grounds for divorce if they are with you , you will definately get it , non- cohabitat without reason or denying for s*x is a cruelty upon you and on these ground you can file divorce , i also suggest you to engage a good lawyer for your case and show him all your relevant documents for better case strategy before withdrawing and filing divorce case .

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