Effect of rcr withdrawal on running divorce case?

Guest (Querist) 21 July 2013 This query is : Resolved
Wife filed for divorce on mental cruelty and husband for RCR. After two years, wife filed joint trail application but before the court allow it ,husband withdrew RCR.

So, will it create any adverse effect on husband while contesting the divorce case?

Can husband say that still he wants to continue the relation, and the withdrawal of RCR was just to avoid running multiple cases, and contesting and disproving her allegations in divorce petition is almost equal to winning RCR. Further running RCR even after wife filing for divorce is useless since court can't execute the RCR decree.

Husband just wants to convince the court that the withdrawal of RCR was not because of his unwillingness to continue the relation but to avoid the waste of time and money.

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ajay sethi (Expert) 21 July 2013
if wife does not wan to stay with husband you cant force her . she wants divorce on grounds of mental cruelty . convert the said petition into divorce by mutual consent .

if you don't want divorce then contest the said petition . wife has to prove mental cruelty . the stand taken by the husband in his WS would be significant .

Nadeem Qureshi (Expert) 21 July 2013
agree with expert

Rajendra K Goyal (Expert) 21 July 2013
Agree with the expert ajay sethi ji, nothing more to add.

Raj Kumar Makkad (Expert) 21 July 2013
Husband can definitely insist on his stand and can also justify his withdrawal and at the same time he can defend the divorce petition and if it fails, his purpose shall be solved but wife cannot be compelled to accompany her husband.

V R SHROFF (Expert) 21 July 2013
convert to MCD , get Divorce & lead to peaceful happy life.

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