Rcr

Interested in Family LAW

Hello Experts:

 

I have filed an RCR in court calling my wife back to cohabit but she deserted me 1 year back. Now I know RCR is futile, but in some cases it works wonder as lovely wife would say that she is not interested to cohabit that makes a ground for Divorce.

I know few experts like Shonee would disagree my statements, but my questions is if you don't have the proof of wife's cruelty how do you prove it?

What are the steps once the petition of RCR is filed? What is the average duration to get the decree in my favour. I heard 6 months to 18 months or is it more based on your experience?

 

Regards

 
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advocate

if wife is not itnerested to stay with you the what is the use of filing rcr because if court orders her to stay with you but whole heartedly she is not interested to stay with you then the order is only a certificate 

 
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Interested in Family LAW

My Wife's lawyer is asking for a huge settlement. We are okay for reasonable settlement. Now the point is I dont have the proof to initiate the Divorce proceedings, I dont have an option other than RCR. Mahesh do you recommend any other options for me?

 
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As per the HMA, After passing 1 year from the date of RCR decree you are entitiled to file divorce. It is very fruitful to you.

 
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Interested in Family LAW

Hi Manoj I wanted to know what is the average time based on all the factor when I could expect the RCR decree

1. Best Case scenario- Ex Parte

2. Worst case Scenario- Contested one

what is the time line do I have to wait for 1 year or 2 years to get the decree and then + 1 year colling period?

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

@ Sandevar,

 

Yes it is futile when all these 2 years wife gets disappeared from this world and appears after 3 months of husbands divorce decree.

 

let me clear,

 

RCR = expartee decree in husbands favour(avarage 1 years,if wife gets lost and doesn't appear even on the last day before expartee like ghost as i have read in many cases)

 

Divorce through RCR = Complte one years waiting period with her complete not turned till completion of 1 year.

 

But But But,

 

All wives are not fool as they are not here on LCI or on other internet sites to get just time pass,they are always enhancing their knowledge of women freindly laws and what can be achieved with more flying colours...

So,they know about RCR and expartee,even their lawyers are not fool as they will tell them to appear on last day before decision like a ghost OR jeeni...

 

So,here all attempts are wasted if your wife is having Brain with beauty  and hell bent to give you pain like a JOR KA JHATKA DHEERE SE LAGE.

 

regards,

A sufferer..


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Bangalore

Originally posted by : sandevar


Hello Experts:

 

I have filed an RCR in court calling my wife back to cohabit but she deserted me 1 year back. Now I know RCR is futile, but in some cases it works wonder as lovely wife would say that she is not interested to cohabit that makes a ground for Divorce.

If she comes in the open and says I dont want to come back, then fine. You go ahead and file divorce, need not pay her money also as she herself is jnot interested in coming back to you, ultimately one day divorce will be granted [anywhere between 4-5 years].


If she keeps mum, does not come to court, does not attend mediation sessions, then the RCR case will keep on dragging like anything say 1-1-/12 years..


I know few experts like Shonee would disagree my statements, but my questions is if you don't have the proof of wife's cruelty how do you prove it?

Desertion itself is cruelty.  Not cohabiting with you itself amounts to cruelty.


What are the steps once the petition of RCR is filed?

Steps???

Notice, then summons to your lovely.  She wont accept, then tom tom, via autorick with mike set, finally ameen will stick the said summons to her door.


If she accepts, she has to come to court and give reply to RCR.  She may deny all you said or she  may accept what all you said in RCR.  


Next mediation.  There too dates, say 1, 2, 3, 4.  Here usually hide n seek will happen.  She may turn up, she may not turn up, minimum 4 chances are given for mediator to join you together, that too if you both are present.  If she is not coming to mediation, then nothing can be done.  No summons, nothing.


What is the average duration to get the decree in my favour.

RCR decree?  1-1-1/2 years

I heard 6 months to 18 months or is it more based on your experience?

 

Minimum that much time, nothing faster than that.

 

Regards

...............................................................................


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Bangalore

Originally posted by : sandevar


My Wife's lawyer is asking for a huge settlement.

 

Of course they will.  Minimum investment, maximum profit, that's the best business, marriage.

 

We are okay for reasonable settlement.

 

But they are not ok, what to do?  I suggest do some math work!

 

Now the point is I dont have the proof to initiate the Divorce proceedings,

 

You had told you have proofs of your wife roaming around with someone etc, you got information through your friends,  use that as the base, adultery.


I dont have an option other than RCR. 

Right now you dont have any other option than RCR, than the one I suggested above, adultery, [that too if you have solid proof]

In future you might get options for filing divorce directly, such as, if your wife files some foolish false cases like DV, 498a, then you can file divorce petition based on mental cruelty meted upon you via these false cases.


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Interested in Family LAW

Now if she counters me with false case like DV and 498 A can I base the audultery to file divorce by letting now the hon judge even despite calling her back she has lodged false cases Aginst me and my family. In such scenario it is better to continue with RCR or withdraw and file divorce?
 
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Bangalore

Originally posted by : sandevar
Now if she counters me with false case like DV and 498 A can I base the audultery to file divorce by letting now the hon judge even despite calling her back she has lodged false cases
Aginst me and my family. In such scenario it is better to continue with RCR or withdraw and file divorce?

When woman can make N number of baseless allegations, does it not become your duty to at least tell the court what actual matter is, be it adultery, filing false cases against you etc?

 

RCR you withdraw once your wife files such false cases against you and directly file for divorce based on adultery + meting out mental cruelty + blah blah blah etc etc whatever she does to hurt you all you mention in divorce pettion, all those becomes base for you asking divorce.

 
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