Withdrawing rcr after the opposite party file for divorce
Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
The husband filed RCR, in reply wife filed for Divorce, then RCR was withdrawn. In this context, is it the right decision taken by husband? or Would it be taken by court as the lack of interest for conciliation from his side? If husband contest the divorce petition, does it mean he is interested in conciliation? So, the basic question is, once the wife file for divorce, is there anything wrong in withdrawing RCR and contest the divorce petition only?
@Makkad sir, sorry for the mistake. RCR has not been withdrawn by husband yet. but planning for the same..
ajay sethi
(Expert) 13 December 2011
what do you want? do you want your wife to come back ? then continue with RCR .
it is your call whether you want to withdraw RCR and contest the divorce
M.Sheik Mohammed Ali
(Expert) 13 December 2011
if the husband want live with wife, he must filed RCR otherwise not interest to her stay and live can withdrawn,but the husband face the divorce petition.
Querist :
Anonymous
(Querist) 13 December 2011
filing rcr, is it the only way to show his interest in marriage?
contesting divorce, is it also showing his interest in marriage?
If he want divorce, should he contest her divorce petition and file divorce petition from his side also? If he contest her divorce petition and not file for divorce from his side, does it mean he is interested in marriage? So, in such case can he safely withdraw his rcr without any adverse effest?
adv. rajeev ( rajoo )
(Expert) 13 December 2011
It is not wrong to withdraw the RCR petition. In the divorce petition there will also be conciliation state, you can sort out your problems there.
Advocate M.Bhadra
(Expert) 13 December 2011
No adverse effect as because the divorce suit is filed by wife but the order of alimony may be passed.Even there is a scope of reconciliation by both parties and they can approach to the court before the proceeding.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 December 2011
RCR is a tactical move, you should not withdraw it. It shows your integrity before court.
You need not take your spouse but keep on claiming that you are big hearted and inspite of all the injustice you are ready to accomodate.
V R SHROFF
(Expert) 13 December 2011
Withdrawing RCR indicate husband also want divorce.
If he had never applied, no problem.
I Suggest to File / Convert Divorce Petition to / Mutual Consent Divorce u/s 13B, and both be happy. She will immediately agree.
Why husband want a wife, who do not want him??
Devajyoti Barman
(Expert) 13 December 2011
Without going much deep into the problem , one simple advice is to make a counter claim in the divorce suit itself where you can explicitly state your willingness to reside with her whereby your version would be treated as RCR.
Raj Kumar Makkad
(Expert) 13 December 2011
As the action of withdrawal of RCR has already been taken so there is no chance to implement the detailed replies of the experts on that ground.
In the given facts, withdrawal of RCR by husband shall be treated as if he do not want to reside with his wife and wants to put his version only in the divorce petition.
Querist :
Anonymous
(Querist) 13 December 2011
@Devajyoti Barman sir,
"Without going much deep into the problem , one simple advice is to make a counter claim in the divorce suit itself where you can explicitly state your willingness to reside with her whereby your version would be treated as RCR."
It seems to be a good option for me as it will help to express my willingness to take her back, and at the same time help me to save the money and time of running a separate RCR petition.
I've already filed reply to her divorce petition denying all her allegations. So, I think I have to file an application to amend my reply to include my willingness to take her back.
Can you please give me the wordings/format for such application for amendment?
Should I file it before or after withdrawing RCR?
Please help
Shonee Kapoor
(Expert) 15 December 2011
These things can not have any blanket application. When you filed RCR what was your intent? To live with your wife or just take benefits of this provision?
Now that you have withdrawn RCR, you have no option but to contest the divorce petition.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 15 December 2011
I've not withdrawn RCR yet, and now i want to take other benefits of rcr except living with her. Thats why I prefer the solution given by Devajyoti Barman sir.
"Without going much deep into the problem , one simple advice is to make a counter claim in the divorce suit itself where you can explicitly state your willingness to reside with her whereby your version would be treated as RCR."
So, please comment.
Shonee Kapoor
(Expert) 20 December 2011
Divorce can be countered by just denying divorce.
Why to put something which you don't want to happen. What if the girl changes her mind tomorrow.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
