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Keerthi Cherukuri   21 May 2024

Rcr filed while divorce case is pending for orders

Hi, I am a Hindu, mother of a 14 year old male child. Me and my spouse filed for a mutual consent divorce in 2019. At first he agreed for it and signed the petition (I was the one who wanted divorce), but when the mutual divorce case came for final hearing he demanded me money (he cheated me  married only for my money and harassed me n parents for 14 years and that's the reason I wanted a divorce)..I refused to pay and he did not agree for mutual..I withdrew my mutual petition and filed a contest case for divorce in 2021 based on cruelty grounds (harassing mentally n physically for money). The divorce case proceedings were completed and the case is pending for orders since Nov 2023. All the while, my child is in my custody and my spouse never cared about his well being or asking for the child's custody.


Now in May 2024, my spouse filed for an RCR and I got the notice. My question is will the RCR affect my divorce petition (all the cross examinations and arguments are completed..just waiting for the judge's orders)


 5 Replies

Real Soul.... (LEGAL)     21 May 2024

RCR is just wastage of time, and it is never executed even if the case is decided in petitioner's favour.When there is already divorce case in process from  about five years means the marraige has lost its faith, Just contest the case and don worry about RCR, that is just to fool process which courts are well aware. If you have not desiere to continue wiith your husband you cannot be forced to live with him. He is trying to harass you for extortion. Just follow your divorce case ,

T. Kalaiselvan, Advocate (Advocate)     21 May 2024

You don't be concerned about his RCR petition, you may follow up your divorce case properly.

His RCR case is nothing but abuse of law with intention to trouble you.

You strongly object to his petition in your written statement.

The merits are on your side hence don't bother about it.

Keerthi Cherukuri   21 May 2024

Thank you so much for the assurance sir 🙏

T. Kalaiselvan, Advocate (Advocate)     23 May 2024

You are welcome for your understanding.

Sayak De   26 May 2024

See here in this case, if your husband is attempting to reconcile by filing an RCR u/s 9 of the Hindu Marriage Act, 1955; it should be contested at the face of it. 

First, file an objection against the RCR petition mentioning that it is an attempt to distract the ld. Court from the actual facts and circumstances of the case. 

Also mention the history of cruelty and that on such ground of cruelty a divorce case is going on (only the final ordered are pending).

Also highlight the withdrawal of your spouse's mutual divorce petition due to his demands for money.

The lack of genuine intention is evident because he is thoroughly neglecting the wellbeing of the child born out of the said marriage.

As mentioned by other legal enthusiasts, this RCR will have little or no impact but is essential to point out before the ld. Court the mal-intention of the opposite party.

Thank you.

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