HarassedHusband (SSE) 28 March 2015

Rcr in favour of wife. whats next step

Hi All,

I have a question on a case, Husband filed a divorce case against Wife under Cruelty for not allowing him to have s*x with her for a period of 4 months and after that wife left matrimonial home and went to her parental home (she never returned back and the marriage is not yet consummated)

Wife filed RCR after 17 months of separation, both cases were under same judge and the result will be against husband by allowing RCR and dismissing Divorce.

The question that i have is,

1. Now is it the task of husband to approach wife for cohabitation or the wife has to approach husband?

2. Can judge mention timelines for cohabitation?

3. What happens after the said timeline or default timeline (Presume 1 year) if there is no cohabitation?

4. How much time will it take to get a divorce if there is no cohabitation for the mentioned or default timeline

Requesting your help on the above mentioned, thanks in advance.

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3 Replies

saravanan s (legal advisor) 28 March 2015

its not a compulsion that rcr decree needs to be abided.if not also the court cant force it.if you dont join your wife in the matrimonial home for a year from the time of the rcr decree then on the grounds of it you can apply for divorce

FREDYCHARLES RK - Bangalore (Advocate) 28 March 2015

In your case the Divorce and RCR are diametrically opposite and mutually destructive seeing from your side. The court can raise a reasonable doubt on the veracity of RCR given the passage of 17 months and your subsisting application for Divorce. Prima facie it is a clear case maintenance and pendete lite!!!

Brace up dude, the legislation tilts towards the so called weaker s*x , so you need to have a solid ground to build your case for divorce. As regards the timelines, you qualify for the application once a year has passed but on excpectional cases can be sooner too

Should you need assistance and if in karanataka/bangalore feel free to contact me at 988627403 or fredycharles@yahoo.com

Charles Fredy RK

kalyan (engineer) 29 March 2015

RCR in favor of wife and husband wants divorce just because wife denying s*x. Bro, this indian judicial system always have a soft corner on females by saying weaker s*x. If there is no cohabitation even after one year, your fresh divorce petition can be dismissed if she says you are not co operating to cohabit. Try to find some other ways.