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How to proceed in divorce on desertion ground and op rcr

Srimatiji(wife) has deserted for last three years.  After desertion for two years, divorce case was filled from sriman(husband).

Till recently srimatiji were putting conditions for returning - those conditions were on the mode - NA RADHA KO NAUN(NINE) MAAN GHEE HOGA NA RADHA NACHEGI( meaning Radha  will never dance since she is never going to have nine maan (= 9 X  40 kg, 1 maan = 40 kg ) ghee. To give you flavor - she was demanding that Shriman should never react to her Tirades, There should always be a police kept in house all the time. Even she said all these  in divorce case counseling.(But as you know, things said in counseling does not have any relevance in court proceeding)  The divorce case has come out of counseling and is in trial.

Despite Now srimatiji has chosen to file RCR, It does not take a genius to figure out that it is motivated to delay court proceedings and also to generate evidence to show that she never deserted. It is probably a value add by her counselors.


Now after all the past history of Srimatiji, Sriman has decided to move on in life. He is not ready to  re consider his decision of pursuing divorce.


The question is how to counter RCR. Wife can claim that she always wanted to go back and  ground of desertion may go away from sriman's hand.   


How to bring out the truth and what Sriman(husband) should do?


 15 Replies

Anjuru Chandra Sekhar (Advocate )     24 September 2011

Why can't he say I want Divorce in RCR Counter?

Anjuru Chandra Sekhar (Advocate )     24 September 2011

Anyone please enlighten me on the instances where when one of the parties applied for RCR the other party pleaded for Divorce in counter affidavit and the decree was awarded in his favor.  If there is any reason why in RCR the counter affidavit, divorce cannot be pleaded, then please enlighten me on those reasons/aspects.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 September 2011



On what grounds my dear Friend,




Shonee Kapoor


I would be interested to know how does RCR and divorce on grounds of desertion plays out.


When it is a truth that in first two years it Srimatiji deserted husband.


Any thoughts and opinion




Not sure whether "On What ground my friend" is for me.


But Husband has pleaded divorce on Desertion and Cruelty ground.  And the question is how to keep Desertion ground alive.

mrgop (Owner)     24 September 2011

Now, in both cases ie. RCR and Divorce, the burden of proof lies on husband. So husband has to submit strong evidence to prove that she deserted him and its not a case of constructive desertion from his side, and also put forth solid reasons for not taking her back.

Here the husband complains that wife deserted him, but the same time wife complains that its a creative desertion from husband's side, and also ask him to take her back...

As she already expressed her willingness to come back by filing RCR, it would be difficult for husband to win divorce on desertion ground alone. He has to produce strong evidences to convince the court that its not a  constructive desertion from his side, and also introduce other grounds like mental cruelty arised out of the desertion and her character during the seperation period as an additional ground for divorce. Also request the court to consider the RCR petition as her afterthought otherwise she should have filed it in the early days of seperation without waiting all these three years..

If you have any hope of patching up with wife, express your willingness in court to take her back without accepting any of her unreasonable demands, and any refusal from her side to this offer will favour your mental cruelty ground.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 September 2011

Onlytruth, my question was to Chandrasekhar.


As the RCR is filed after divorce, she would need to prove your statements false in RCR to succeed.


Push on your Divorce case to move forward.




Shonee Kapoor

Anjuru Chandra Sekhar (Advocate )     25 September 2011

Technically, one of these two proceedings must be stayed, because there is a possibility that two courts (or judges) dealing with the same case may arrive at divergent views or judgments.


Sorry I did not understand your question Shonee.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 September 2011

Dear Chandrashekhar Sir,


You wanted some enlightenment, so I was asking on what aspects such enlightenment is needed.




Shonee Kapoor

Anjuru Chandra Sekhar (Advocate )     25 September 2011

When one of the parties files RCR (forget about present general) can the respondent plead for divorce in the same petition through counter affidavit?  Are there any instances (case laws) where courts granted divorce to husband when wife filed RCR or vice-versa?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 September 2011

No, a person can not take ask for contradictory reliefs.


he has to withdraw RCR and file for divorce.




Shonee Kapoor

Fighter (498A a Legal Terroris (Fight Against Legal Terrorism )     15 January 2012

Dear Sonee ji  & Forum Members,

Kind help requested .....

my friend wife filed 498a,  DPA 4,6 IPC  324, 2 years before and he is not aware of this till recently and now he filed divorce on ground of curatlity and desertion and she filed RCR though she dont want to join my friend now she and her lawyer are playing legal games just to prolonge.

kindly suggest

rajiv_lodha (zz)     15 January 2012


Why dont u start ur thread rather than poking here!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

The same needs to be contested.


All the cases can un simultaneously and in the end, some amicable settlement would be sought by courts too.




Shonee Kapoor

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