LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sandeep (pvt service)     21 February 2016

If wife looses her rcr case then does husband wins divorce c

hello all.

just wanted to ask, if wife files RCR and 125, and if she looses her own RCR, then what effect does it have on the divorce case filed by the husband.

husband has filed divorce case in a different court in his hometown. does the court take a broad view of RCR being dismissed by a court. so divorce is automatically granted in another court.. as both cases complement each other. without going into specifics of the judgement copy of RCR dismissal. does the court only give weigtage to the decree awarded? i mean, the decree states that the 'suit is dismissed" so does it imply that the divorce will be won by the husband. and will it also effect the 125 case filed by wife. 

thanks all


 5 Replies


If she wins RCR, you are bound to lose divorce and vice versa.


But upon completoin of 1 year from date of RCR decree either of you an approach same court asking divorce as RCR has failed (if both dont join back).


So u withdraw divorce petition and file it when RCR case gets over, then you get solid ground to ask divorce if ur unable to prove other grounds on which you want to ask divorce.

saravanan s (legal advisor)     21 February 2016

in your case dismissal of rcr case wont have any effect on the divorce case filed by you.

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     13 March 2016

On what grounds the RCR was dismissed?

dr g balakrishnan (advocate/counsel supreme court)     28 March 2016

what kind of great idea you have  sir?


first of all u shd not have marred at all, for you are likely to face from yr wofe very high liquidated damages too possibly if she is a very smsrt woman sir.

Mukesh sharma (job )     06 April 2016

hi sir why you say that court dismiss your wife RCR why court do the same and on which ground court dismiss your wife RCR if court do same that s  not effect on your case and its not help you if you change court and file case in your local area ..... 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register