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LegalFighter (test)     27 April 2015

Rcr execution time limit after ex-party or judgement

Experts,

 

Please let me know if i can file for divorce after won RCR as a judgement or as an ex-party.Different advocates having different opinions.

 

One advocate is saying, "We need to wait for 2 years from the date of judgement to file divorce"

 

Another advocate is saying "You can file divorce after 30 days of RCR judgement.Because, from the date of your first notice served to your wife till now ,already 2 years over "



Learning

 7 Replies

Laxmi Kant Joshi (Advocate )     27 April 2015

For filing divorce you have to wait for one year after The judgement of rcr .

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     27 April 2015

U cannot have ur cake n eat it too. U file TCR for ur wife to come n stay with u and symultaneously want file for divorce separation. It will go against pl. Wait

rameshkumar (test)     27 April 2015

saravanan s (legal advisor)     27 April 2015

Whats the meaning of waiting here? Already she got separated from me past 2 years.She is playing smartly in court and extended more time. she spoiled 2 years of my life and tortured me and my innocent parents. what's the resolution for this cruelty?

then why did you file rcr

LegalFighter (test)     27 April 2015

I filed in a motivation to live together.But she threatened us saying they will file 498a and DV.But the fact is My marriage happened without dowry.I have no jewells of her neither we demanded any thing.

 

After those words from her and her family, how can i live with her? How can i trust her now? 

 

I confirmed with a Senior lawyer.He confirmed that after RCR judgement, we can file for divorce in a 30 days gap(30 days if district court and 90 days if High court) and We need to send multiple notices and request for execution of order if she is not responding.

 

So if you can, provide honest answers.

N R Dash.. (Advocate)     28 April 2015

It seems you have redefined the law to fit your desires.

 

One year of non consummation of marriage from the RCR decree shall make you eligible for filing a Divorce suit, however, it will not give you the divorce decree. It’s not a chocolate that you demand & the judge will give you. All legal procedures are to be followed.

advocatepassy@gmail.com 971794 (Advocate)     11 September 2015

No you cannot file for divorce after one month. RCR is filled and you won it.  Now give her time to decide and come to stay with you but you have to make her comfortable by forgetting the old past.  If after your sincere efforts, she still do not join you, even for a single day for one year, than only you can file for divorce


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