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vedanayagam   21 March 2015

Rcr withdrawn, problems filing fresh divorce


Am married for 3 years and in that wife and I only had few months of co-habitation since wife had the habit of packing things and moving back to her parents quite often. We also have a 2 yr girl child which i got to see only for 3 months. Now its 1.5 yrs we are seperated. I want to get a divorce from her since am no longer able to take responsibility for her extreme and short tempered decisions. I Filed RCR 9 months ago to avoid her file any wrong accusations. She didnt appeared for intitial 2 summons and appeared on the last summon just before it was to get exparty. I then withdrew the RCR, since i didnt want the court to bind on me to take her home. Because iam very sure, even if she comes back its going to be a turbulent life again. 

Its nearly 2 months after i had withdrawn RCR, she has not returned home. When i filed a fresh divorce petition the magistrate is not convinced about this move. His point is You applied for RCR, when wife agreed to come, you are withdrawing and filing a divorce. So he dismissed my petition. 

Please advice the options in front of me. I dont have good mediators to press for a mutual divorce. Am willing to pay maintenance according to my capacity and stay away from this women for good. Can i apply for a divorce on a different court on grounds of desertion or will the earlier dismiss order still haunt me then? Can highcourt give a positive directions on this. Please advice!


 6 Replies

fighting back (exec)     21 March 2015

this is what happens when husbands dont use their brains when filing RCR cases, the court has correctly dismissed your petition. you have to reap what you have sown. the court can very well see the divorce as a well planned afterthought, RCR was filled with an ill intention of avoiding maintainence, but since the wife was ready to cohabit, the RCR case has backfired on you, and what grounds have you filed divorce,? it is a clear logical case of using RCR as a tool to avoid maintainence and since it is now being backfired. you have no valid ground for divorce except cooked up stories........majority of husbands dont use their brains before filing RCR petitions.....

vedanayagam   21 March 2015

Dear, In my case maintenance was not an issue, as I was ready to pay whatever with in my capacity. RCR was filed to avoid any unnecessary accusations from her end.

vedanayagam   21 March 2015

It will also help if you can say what some one could have done in my situation.


Approach HC, do no delay.  Do it right now.

Law_Learner (Asst. Mgr.)     23 March 2015

I don't think filing rcr helps shielding from accusations like DV and dowry demand and I would agree with fighting back on the wrong move of yours to file RCR at first place when U didn't have any intention to bring your wife back.

Born Fighter (xxx)     23 March 2015

U have weakened your case...

Now show willingness to take her back but with conditions that she will refuse, then ask for divorce. (This is something you should have done when she expressed to come back) OR give her one time settlement and move on under MCD

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