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Singha Rao (Engineer)     18 July 2012

Rcr and divorce

Right now my relation in not  good condition. Till now I am just watching the sinario minutely, then I will decide..

Only concern is that my family need my support infinantial matter.. So I was wonderring whether RCR can help some what in allimony matter...

I wanted to know, if RCR will not work and she will not agree to come with me, then after how long I can apply for divorce? Is there any time frame need to wait after RCR to file divorce case..

Please suggest me in this regard..


 4 Replies

Anish Thakur 7018812737 (advocate)     18 July 2012

no mr.singha,there is no time limit for apply for divorce ,anytime you can file for divorce but not in the period of judicial seperation.

feel free to call 9459321520

Tajobsindia (Senior Partner )     19 July 2012

@ Author of this thread post,

If you think you have “grounds” and may get divorce then file divorce suit instead of RCR. The only advantage is on saving on professional fees for two cases.
2. In any case be it RCR or Divorce "reconciliation" in a Family Court is a must procedure before trial begins. If she comes back after you file divorce during reconciliation proceedings then withdraw divorce stating so and carry on with both of your blessed life. If she does not show intent to rejoin after you file divorce during reconciliation proceedings then you can continue and seek divorce at end of its "just" trial or may even get it converted into MCD joint petition. The advantage here is that you are testing your matrimony on touchstone of a Court and end of trial whatever result(s) comes out it will give you "just" relief.
3. The other way to look and suggest is to give authority to a most seasoned neutral person to tweak both of you out in social settings instead of Court settings. The advantage here is neither party sees a Court and fear is not there of seeing a Court and in neutral settings this marriage may gets saved.
You have to make a choice and donot depend on US, we normaly work on a clients "direction"!
It all depends which words your wife used to like hearing more when you were living together; “you look good” OR “you are ravishing”. To me approaching Court itself is “may be he likes me” OR “may be he likes me not” fear factor for a wife as to your long term intent in generic sense as to what generic women perceive such steps taken by husbands as!

You understood what I mean to say here


Rajeev Kumar (Lawyer/Advocate)     19 July 2012

If RCR is filed and the decree is passed in your favour then you will be not liable to pay maintenance or alimony. After passing the RCR decree in your favour after one year you can seek divorce and it will decided expetidiously. Otherwise you may seek divorce directly. Rest of the view expressed by tajobsindia i compeletely adhere to it.

rajiv_lodha (zz)     19 July 2012

When u file for divorce or RCR, be prepared for the counterattack too....................that may be lethal too.


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