S.SANGEETHA (sangashan@yahoo.com) 26 January 2011

non compliance of RCR

husband applied divorce under cruelty grounds, wife has applied RCR, jamai of law suggests that husband may lose divorce and after one year will again apply for divorce under non-compliance of RCR, In such as case how to go about to protect the marriage? or to concentrate more on IM for child. what is special counselling? For whom it is provided? or at this stage wife can withdraw the RCR what will happen if so?. so no merits for RCR, if it is so, all husbands will have the loop of applying divorce under cruetly and losing it, then after filling under non-compliance of RCR.

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Tajobsindia (Senior Partner ) 27 January 2011

@ Author,

Even GOD's can't comply a non complying couple to stay under same roof ! So only remedy is 'destiny by chance or destiny by choice" which in simple words is called – get empowered and using brains march ahead in other words survival of the fittest is the emerging scenario.

1. If he applied for divorce and you applied for RCR then why did not you apply for IM U/s 24 HMA and or U/s 18, 20 HAMA and or U/s 125 CrPC ????

2. Apply for IM using any one of the above provisions and may withdraw RCR, why ? read next para……..

3. If he looses his divorce and by some divine freak of fate you won your RCR you can never “Execute” it upon a husband who does not want matrimonial ties with you and no Court of Law can bind you, as in a couple to live together so what is left off - pure IM on the go, hence concentrate on it since it seems from your post both of you have a child and the child is with you ! Right !!!!

4. Every Family and or Matrimonial Court post W/s (respective as the case seems so) is bound to send Couple for counseling. Try your patience (means reasoning) before your husband before the Councilor and hopefully the marriage may get saved who knows.

ATB