confused (Business) 04 October 2012

Please advice - urgent

Dear Forum Members, I need your suggestions and advice on my crtical situation.

Married in Jan - 2011, Marriage is not consumated till date, wife is from another city and working, she promised that she will shift to matrimonial house after few months, which did not happen inspite of several requets and elders advice. I filed for RCR, went ex - parte in my favour, after 6 months of passing of the decree I applied for divorce under cruelty. This was due to my lawyers advice. after a period of 7 months of multiple hearings which the wife did not attend nor appoint a lawyer the judge has dismissed the case stating that no cruelty happened after the RCR was filed.

Now my questions are

1) When can I reappeal/apply for a fresh divorce petition. Is it from the date the RCR decree was passed by the court or from the date when the respondent received the decree.

2) will my application and dismissial for divorce have any impact on the fresh appeal. This time I wish to apply on the grounds of non execution of RCR.

Please help.

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5 Replies

498 A fighter (Advocate) 04 October 2012

you can apply for divorce on the basis of RCR contempt of court by wife if you win RCR means decree in your favor ,

no need to mention cruelty ground already you won RCR means she is not interested to live with you it sufficeint ground for divorce and also consult good and active lawyer so that you get divorce soon,

confused (Business) 05 October 2012

Dear Sir, Should I refile for divorce from the date of court passing the decree or from the date when the copy of the decree was sent to the respondednt. my second question will the result of the fresh petition get affected due to the fact that I had applied for divorce under cruelty (it was dismissed after almost 6 hearings) before one year of the RCR expiry.

confused (Business) 05 October 2012

and again the respondent did not attend any of the divorce hearings, inspite of this the judge dismissed the petition.

498 A fighter (Advocate) 05 October 2012

Originally posted by : confused

Should I refile for divorce from the date of court passing the decree or from the date when the copy of the decree was sent to the respondednt. my second question will the result of the fresh petition get affected due to the fact that I had applied for divorce under cruelty (it was dismissed after almost 6 hearings) before one year of the RCR expiry.

you file divorce why it was dismised you not mention?

and again the respondent did not attend any of the divorce hearings, inspite of this the judge dismissed the petition.

if other party is not coming then your lawyer not suggested you send notice again two times, her workplace and police station of her town and then publicsh in news paper then salso she is not coming then with such proof the go to court,

rajiv_lodha (zz) 05 October 2012

Ur lawyer misguided u. If u wanted divorce, u shud have moved via RCR route, decree was in ur hand. If she did not follow RCR decree for full one yr of her knowledge, u were entiltled to get divorce on this very ground. Now move this way!