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One when file RCR and other party if does not appear then in how much time, normally it is accepted in your favour by court.

Once it is accepted in one's favour, after how much time one can file divorce on RCR ground ( I heard one year??)

If one year is over and one has filed divorce on RCR ground then can other party contest it?


 12 Replies

vijay (M)     27 October 2012

failure to comply with RCR does not mean automatic divorce.  Read Sh Shoneeji's post on RCR

Rahul Kapoor (Legal Enthusiast)     27 October 2012

filing of RCR is not a good option


could you please tell me why the RCR filing is not good option. ?

rajiv_lodha (zz)     27 October 2012

As guided, read Shonee's well written article on RCR. U wil get tremendous knowledge about its pros & cons

victim (master)     02 November 2012

The main risk in filing RCR HMA SEC 9 is immediately one can be slapped by 498a, 406 or dv or crpc 125 or hma 24 or all of them. so we should not file RCR agreed but what to do then? what are other alternatives? i think strategically prepare to defend crpc 125, hma 24 and 406 and then go for rcr. if false cases are launched then you will get a strong ground of cruelty.filing false dv and 498a is onething and proving the same by your wife is completely different thing. one more thing filing rcr is risky but only option is rcr no other effective alternative is suggested by experts except complaining to authorities. what if wife instead of filing false criminal cases files rcr and tries to come back to fabricate evidences against you and your family then no one can save husband and his family. so dont be scared of false cases and unreasonable claims of maintenence. they can be defended and can be fought. but if the fabricate strong evidences using our inocence then scene will be different.

please correct me if i am wrong anywhere. I dont possess any great legal knowledge but i learned this much on this forum only.




What if wife and her family are sitting tight.

Giving vague to reasons for not meeting and discussion.

Thus I cannot collect proof. RCR is only option but seem risky.

My lawyer suggested to send her a lawyer notice (with fake receiving by bribing postal departement) to join back in matrimonial home.

Will such a notice be helpful to prove desertion?

victim (master)     05 November 2012

for proofs search your home thoroughly specially those areas of home where her articles were kept. search all photographs of her in your digital camera, cell phone and other albums, go through all emails and sms sent by her to you. by doing this you wont get any strong proofs but you will get an idea or you can observe some trends about her. one more thing you star collecting strong proof from above info to convince judge that environment at your home was conducive. rest burden of proof in rcr case will be on her side.

Never Give Up (Fighter)     05 November 2012

Whats is your goal out of legal exercise ? Divorce ? Living together ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2012

No time frame can be provided for the court to proceed ex-parte and it can not be predicted how much time it would take for the court to decide it.


The same can also be challanged after the same has been decreed in your favor.


Finally it would still require one year wait before you can seek divorce on the ground of Ex-parte RCR. The lady would have an option to challange the RCR Decree even then.


All in all, I see no benefits of RCR.



Shonee Kapoor

Sandy12345 (none)     05 November 2012

first make up your mind what ypu want to do, want to makeup or breakup.

If she is adamant then nothing can stop her to filling all those false cases against you & your family.

filling RCR doesn't mean end of road. 

so better hire a good lawyer & prepare yourself mentally.

fill RCR it will defenately help you if contested by a good lawyer, it will help while deciding maintanence as well

Sandy12345 (none)     05 November 2012

it will only help at the time of deciding maintanence. 

megh dute (TSI)     05 November 2012

Respected Experts

I file rcr after wife file false 498a,406 and releted sec. So is it wrong step by me?

Because i have a child age 3&1/2 years. But the oponent give writen reply that reject my rcr. So how i will fight against them?


Megh dute

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