Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vipin (Team Associate)     05 January 2012

Time for rcr / divorce.

 

Legal Experts

 

Wife left 19 months ago not ready to come back.All efforts fail.She is already taken one divorce and permanent alimony also form first husband.Boy is widower.

 

 

How much time is required for Restitution of Conjugal Rights by husband (RCR) in Delhi courts?

 

How much time is required for Divorce on Cruelty/ Desertion grounds by husband in Delhi Courts ?

 

Please advise.



 13 Replies


(Guest)

This one word speaks your Story..

"he is already taken one divorce and permanent alimony also form first husband."

My Sympathies for your Brother, Dont make Haste for this Divorce, Dig more for  "Harrassed Husband" in google. then look for RCR / Divorce.

Shantanu Wavhal (Worker)     05 January 2012

every case runs on its own individual merits & grounds.

 

in court, there is no fix time frame set for any issues.

 

only time will answer the question.

raj malhotra (M.D)     05 January 2012

U GOT TRAPPED BUDDY...TRY TO RECONCILE...IF NOT THEN GET OUT OF THIS RELATIONSHIP...

1 Like

dipender kumar (advocate)     05 January 2012

Whether to file RCR or divorce is a very important question and the answer lies on the basis of the facts available with you and your future desires.  RCR is not a stepping stone to obtain divorce, as some popular belief goes.  If you want to cohabit, go for RCR and if you want divorce, then go for divorce.

The time takes in both the cases is same.  In Delhi, if any one of the party along with his advocate pusues the matter with sincerity, it will take two and half to 3 years.  This period varies, if one of the party evades to receive summons or one of the parties is outside India etc.

You can have further discussion in this matter in my chamber, as you are in Delhi by taking prior appointment  on my e-mail address:

dipenderkumar, advocate

dkarvind17@gmail.com

1 Like

Shantanu Wavhal (Worker)     05 January 2012

RCR :

u know that she will not join you even if the court orders her to do so.

so file RCR, 

when she denies to join u, it becomes a sound ground to support ur divorce petition.

rajiv_lodha (zz)     05 January 2012

Originally posted by :Amit--------------- (Shantanu)
"
RCR :

u know that she will not join you even if the court orders her to do so.

so file RCR, 

when she denies to join u, it becomes a sound ground to support ur divorce petition.
"

Very risky route..........A big IF is there assumed!

Shantanu Wavhal (Worker)     06 January 2012

Wife left 19 months ago not ready to come back.All efforts fail

 

this shows husband willing to live with wife & requesting her to come back.

but wife is not returning.

so if she comes - OK = Happy married life !

if she does not - OK = Divorce !

vipin (Team Associate)     06 January 2012

How you got trapped in such problem case. Any way keep cool and plan properly. Take assisance from people suffering similar to you.

 

Mr SKJ-Advocate :From where i can get details of persons in same situation.

 

Thanks

vipin (Team Associate)     06 January 2012

Someon told that once we file RCR then all d cruelties are deemed to be condoned and then we can not use them again for getting divorce.

Is it so, then what is the option for us.

Is there any benefit of mediation aor any court ptovided pre-litigation mediation.

 

We had requested her for mediation but she said i have alredy seen all this in first divorce and they cant help us at all.

vipin (Team Associate)     06 January 2012

Mr.Raj : Please advise how to reconcile.All my efforts and efforts of their own reltives failed as they are not ready to agree without legal adoption of her child and my problem is my apprehension that after adoption whether she will come back or not and ask for maintenance etc. for her child also from her parents house only.

 

I had proposed that i will adopt ain 2-3 years and can give the same in writing also but they want it first.

 

Please advise.

 

Thanks

rajiv_lodha (zz)     06 January 2012

You are better judge of their minds. But remember, one party can not force the compromise upon other. If they do not want to take a step back 2 accomodate u, how u can press 4 living wid her by force?

Do ur own analysis.what u want exactly......to what extent can u lose ground 2 meet this demand.......What is level of ur confidence in them?

These factors will decide future corse of action!

vipin (Team Associate)     09 January 2012

They all are very adamant and mercyless people dont want to compromise on any account and just want that we meet their all demands.

I am requesteditn her for a meeting or talk and also to her friend and brother but they are not responding at all.

But keeping in view the stringent laws to get divorce and also that it is our second marriage i am ready to bring her back but they are not bothered at all as they are comfortable.She is earning and her old parents got someone in house to look after them etc.etc and in any case i will have to give them maintenance and alimoney etc. 

 

Experts please advise what to do. many times my though forces me to commit suicide but i have got a child so i am not in a position to do that also.

 

rajiv_lodha (zz)     10 January 2012

See.....u can not put words into their mouths.....can not get wisdom for them.....till then be patient!
1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query