Divorce after rcr dismissal
kavkaz
(Querist) 28 June 2012
This query is : Resolved
The Magistrate has dismissed my wife's RCR petition as she stated that she doesn't want to reconciliate with me. Her Interim Maintenance Joint Petition was also dismissed on the same grounds.
Now, the following are my queries.
1. Can I now immediately file a petition for Divorce or Wait for 1 year to pass and then file a petition for divorce?
2. Will it be safe to file a divorce petition mentioning in it that "I am even now ready to reconciliate with her but she is not. So please.........blah blah blah"
Adv.R.P.Chugh
(Expert) 28 June 2012
Dear Querist,
1. If one year has elapsed since date of marriage you can file a divorce. However within one year you can file only on grounds of exceptional hardship and depravity.
2. No it's not, though you can safely say that you have made all efforts at reconcilliation but to no avail.
Leave these things to your lawyer.
Devajyoti Barman
(Expert) 28 June 2012
1. Non complainace of RCR decree is a ground for divorce and for that you need to wait for one year since the date of passing of decree.
2.Once you file RCR you are supposed to condone all her past misdeeds and hence on the past cause of action you can not file suit for divorce.
Your only option is to get decree for RCR and then file divorce after one of its date or wait for subsequent cause of action allowing to file divorce on the ground of cruelty.
Devajyoti Barman
(Expert) 28 June 2012
Well in your case the suit is dismissed then you can file a suit for divorce if one year has passed since the date of marriage.
Guest
(Expert) 29 June 2012
Agreed with experts. Leave this to your lawyer. He can take the best decision in your interest.
ajay sethi
(Expert) 29 June 2012
yes agree with experts you cna file for divorce . act as per your lawyer advice
Shonee Kapoor
(Expert) 29 June 2012
You can file divorce anytime you wish.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
K.K.Ganguly
(Expert) 29 June 2012
There is nothing exceptional for asking for Decree of Divorce before completing one year of marriage. Wait till then
K.K.Ganguly
(Expert) 29 June 2012
There is nothing exceptional for asking for Decree of Divorce before completing one year of marriage. Wait till then
