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Anonymous1 (fjslfj;)     15 December 2010

RCR Clarification - Pls Advise

Dear Advocates,

Pls help to clarify the below:

1. I filed RCR in Oct-10. However i havent heard anything from my wife's side yet. Is there any way to find if objections have been filed or not?


2, RCR hearing is scheduled for 04-Jan-11. What would happen if i dont hear anything from them till then? Can they file their objections on that day ? If so, what would happen on that day?


3. My wife and her parents have taken back their things after RCR was filed. Now i dont have any intentions of joining back. I asked my lawyer if we need to withdraw RCR and file a divorce petition. He has asked me to wait until RCR hearing. My concern is on the date of hearing, if my wife comes on a full surrender, will i be forced to take her back or do i have the liberty to say that i am no more interested to live with her?


4. If I state that i am not interested to live with her on the date of hearing, would the court question me as to why i havent withdrawn the RCR still?


 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 December 2010

If you have no intention to take your wife back, you withdraw the RCR. If she shows her willingness to come back and you refuse, then it will show that your RCR was not bonafide.

Anonymous1 (fjslfj;)     15 December 2010

Hello Adv Archana, Thanks for the comments. Wouldnt wife and her parents taking back their articles (& creating a scene around it) be a bonafide reason for withdrawing the RCR?

Adv Archana Deshmukh (Practicing Advocate)     15 December 2010

It can be.

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