Divorce based on rcr mediation fail
jaggdish
(Querist) 18 August 2016
This query is : Resolved
Hi,
i am staying in bangalore, my wife left my marimonial home on june 2014 and file false 498a and DV her home town. I have contest that case. i have filed RCR in bangalore. she came to court and 2 mediations are happended but she reject orally and case come up for trial. but in mean time she file transfer put no petetion on supreme court and got stay on my case. i am contesting that case in supreme court. but already 1 year over that transfer case but no result as of now.
but i am planning to file dessertion and cruelity grounds divorce petetion on here place because i am file here bangalore again she uses same trick apply and put my case on hold in supreme court.
my quiestion is we are officially sepearated for last 2 years that means
dessertion may happen. my advocate told to me contest divorce based up on RCR mediation fail and tranfer case to her place is dessertion. is it correct please help on this. most of the people suggest to clear RCR case and file divorce. but when transfer case cleared no idea.
Jagadish
Devajyoti Barman
(Expert) 18 August 2016
Well, in that event file a withdrawal petition in the present RCR petition so it gets withdrawn.
Then file a fresh divorce suit in her present place of residence.
No difficulty.
Rajendra K Goyal
(Expert) 18 August 2016
Without withdrawing the RCR divorce can not be filed.
Kumar Doab
(Expert) 18 August 2016
You can benefit from the advise of experts.
Shonee Kapoor
(Expert) 19 August 2016
A fresh suit should be filed after withdrawing the RCR. However, atleast one new cause of action has to be added.
RCR has its pitfalls. You have condoned the acts of your wife till the time your RCR was pending. It would be good if you can go through the below link. RCR is a waste of a case
http://www.shoneekapoor.com/why-not-to-file-the-restitution-of-conjugal-rights/
Regards,
Shonee Kapoor
www.shoneekapoor.com
jaggdish
(Querist) 20 August 2016
Hi,
Thanks experts advise. where i have withdrawn the RCR petition because transfer petition
is pending in supreme court with stay orders
or can i withdrawn my RCR petition in family court Bangalore
Please clarify where i have withdraw my RCR case
Ms.Usha Kapoor
(Expert) 21 August 2016
Dear Client,
You withdraw your RCR petition in Bangalore and file a fresh suit on the ground of desertion and cruelty on the part of your wife in your wife's place of residence.
cherukuri prasad
(Expert) 21 August 2016
Withdraw RCR and file divorce as the ground for divorce is ripe. Both can't work simultaneously for it means seeking contradictory reliefs. One for invitation and other for separation.
Shonee Kapoor
(Expert) 21 August 2016
You can withdraw the case at SC itself. However, during stay on lower court proceedings you can not withdraw at Bangalore.
Regards,
Shonee Kapoor
www.shoneekapoor.com
