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Ghajini (SSE)     09 January 2011

Question Regarding Divorce


I have one question-

If husband has RCR decree(ex parte) in favour of him, after its over wife filed complaint in CAW cell, and is not taking any action against RCR decree, how easy/difficult it would be to get divorce (if 498a case moves in court ) after 1 year of the order of RCR decree for the husband?



 6 Replies

Dr. PRADEEP K.P. (Advocate High Court of Kerala)     09 January 2011

If RCR decree is not an executable one and the circumstances itself is a ground for divorce.  

Ghajini (SSE)     09 January 2011

Thanks for response,

But my lawyer said and i am also worried that wife may transfer the divorce petition and will try to dismiss it as 498a will be going on (false though).

Any thoughts??


Yes wife can do that, she can transfer the divorce petition. To some extent 498 case can create trouble. But if you have all the proofs then it won't be difficult that much.

phaneendra (Advocate)     10 January 2011

sir can u please elaborate that how can he can transfer the divorce petition.........?

phaneendra (Advocate)     10 January 2011

i mean to say how can she transfer divorce petition.........?


If husband & wife are residing in different cities or states, and husband files a divorce petition at his hometown wife can transfer the same to her place, as a female has problems of commuting all alone, health & monetary issues also matter. And if a wife has valid reasons regarding health & monetary issues etc then yes she can appeal court to get the case transfered to her place.

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