Consequence of withdrawing rcr and still contesting divorce
swasti
(Querist) 09 December 2012
This query is : Resolved
Wife has filed for divorce under HMA 13(1) and husband for RCR. Both cases are in evidence stage.
1) So, Can husband withdraw RCR now without any adverse inference towards him?
2) Will withdrawal of RCR be taken as his unwillingness to take her back?
3) Contesting divorce means he is not ready to break the relation without sufficient ground. By filing RCR,he says there is no sufficient ground to live apart and so ask for restitution order.
So, If he withdraws RCR, does it mean he is NOT ready for restitution? If yes, will his motive in still contesting the divorce be questioned?
4) Can anybody confirm that withdrawing RCR will have no technical effect on divorce case?
5) I'm asking this because advocates at first ask men to file RCR for safety. Then, even after the years of fight in court, he would not withdraw RCR fearing its going to affect the divorce case in adverse way thinking that withdrawing RCR means refusal for restitution and so there would be a natural question of his motive in still contesting her divorce petition. So, experts please make it clear.
6) Can husband safely withdraw RCR and still contest her divorce petition to disprove the grounds in her petition?
Can he file for divorce on ground of mental cruelty once he succeeds in getting her divorce petition dismissed?
Devajyoti Barman
(Expert) 09 December 2012
1. Yes
2.Yes
3.Yes, yes
4.No
5. You can withdraw RCR and fight divorce suit.
6.Yes sure
Yes but on new subsequent cause of action.
Raj Kumar Makkad
(Expert) 09 December 2012
Principally I have no different replies as of barman yet in response to your detailed query, it is added that the withdrawal of RCR petition ipso facto do not mean that the husband is not desirous to have relationship with the wife. Similar is the situation with the contesting of the divorce petition filed by his wife. Non contesting of divorce petition filed by wife on the part of husband means acceptance of all allegations leveled therein.
R.K Nanda
(Expert) 09 December 2012
agree with expert Barman.
