Kindly suggest, rcr
loksloksloks
(Querist) 27 December 2013
This query is : Resolved
Hello Everybody,
My wife is not staying with me since last 2.5 years, I had filed RCR and its almost year now. After arguments I realized She is not at all willing to come back and also not allowing to meet child even after I have an interim order with me.
1) Can I ask for divorce under RCR due to non-following interim order?
2) If I get a decree from RCR on my side, later my wife did not come back then Can I file petition for divorce in next 6 months.?
3) Can I withdraw my RCR petition immediately? or do I need to wait for next date which is in March’14?
Please suggest.
Thank you!!
​
Devajyoti Barman
(Expert) 27 December 2013
1. no
2.Yes but after one year only.
3.You can withdraw now.
Dr J C Vashista
(Expert) 28 December 2013
If she is not allowing to meet child even after an interim order file a contempt petition in the same court.
1)On the basis of RCR you can not ask for divorce for disobidience of interim order.
2) If you get a decree from RCR in your favour, and she do not rejoin, then you can file petition for divorce any day
3) You can withdraw RCR petition any time and need not wait.
V R SHROFF
(Expert) 28 December 2013
RCR is USELESS. [EXCEPT grd for Div petition after 1 yr od passing Order]
Get Execution Order with order for Policec to help u for access of child
u can file Divorce [desertion / cruelty ground ] withdrawing RCR
V R SHROFF
(Expert) 28 December 2013
If she is rready for MCD, u can convert RCR to MCD, get Divorce within a week
Rajendra K Goyal
(Expert) 28 December 2013
Well advised by the experts, agree to it.
ajay sethi
(Expert) 28 December 2013
if your wife was not staying wwith you for over 2.5 years you ought to have filed for divorce rather than RCR . you cannot force your wife to stay with you even if you obtain favourable court orders in RCR .
best option is to with draw RCR . file for divorce
T. Kalaiselvan, Advocate
(Expert) 28 December 2013
I think the matter has been properly addressed by all experts above, nothing more to add.
loksloksloks
(Querist) 28 December 2013
Thanks. For all the valueable inputs.
Apologies for few more question.
1) Under rcr I have got an order to access to child on sundays and public holidays, In case I withdraw RCR will that order continue? As I don't want to loose that access which I have got after lot of efforts.
2) Can I withdraw RCR with the request to continue access order?
3) can we do execution proceeding even for the order of interim access as my advct said that it is only doable with final order.
Or any other suggestion.
Thank you!!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 December 2013
Divorce is not easy , even at second motion other side can change.
There are advocates and you can not blame them who help to initiate legal action even after legal divorce that it was obtained by misrepresentation, fraud and what not....
So RCR remains a powerful weapon to disarm the opponent but tactics can not be discussed openly in public forum.
loksloksloks
(Querist) 28 December 2013
When i asked her MCD, she was ready for MCD immediately in front of councillor but later she refused. Even hon. Judge asked her but she said I ll hv to think. I think she is stretching intensionally or her advct changed her mind possibly
ajay sethi
(Expert) 28 December 2013
well it seems your wife wants to keep you dangling . she does not want to stay with you nor she wants divorce . she must be angling for decent financial settlement . let your lawyer discuss issue with her lawyer for MCD . offer her some money . she may agree . other wise both of you will keep on running around courts for years
Rajendra K Goyal
(Expert) 28 December 2013
Stretching the divorce case is resulting life with uncertainty and tension to both, but one can not force other to accept his desire. Let both the lawyers or elders from both side talk on the MCD and even than no consent arrived, contested divorce is way left.
Devajyoti Barman
(Expert) 28 December 2013
1. The order will go with withdrawal.
2. Not possible.
3.Yes you can but till the case is not withdrawn.
loksloksloks
(Querist) 28 December 2013
@advc defense: thanks! I am not blaming to advct sorr for using word like changed her mind, but may be advct suggested as per thier understaning and situation of thier client
Devajyoti Barman
(Expert) 28 December 2013
query is resolved, now stop this thread.
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
You may withdraw the RCR case immediately by filing a hearing advance petition, you will be losing the interim relief of visitation rights to see your child periodically, if your RCR case is withdrawn. You can withdraw the RCR with leave of the court to flea divorce case against her and you can file a petition for visitation rights to visit your child in the fresh divorce petition. You can also file a petition for custody of your child under Guardian and Wards Act. If she agrees to certain conditions that you may impose, you may go for a mutual consent divorce case too.
