Should I withdraw RCR in to fight Annulment case?
Guest
(Querist) 02 July 2011
This query is : Resolved
-Wife filed for annulment/divorce on ground of husband's alleged impotency one month after marriage.
-After wife filed for annulment, husband filed RCR but before receiving notice on annulment petition from court.
-The family court counseling, mediation and lok-adalth failed.
-The case has been posted for evidence on next date.
-Now, 2 yrs has been passed, I want to file for divorce on mental cruelty if she either not ask for my medical checkup or test results comes in my favour.
-So, on next date, if i withdraw RCR, will it create any adverse result on my side?
-What is the best strategy to get divorce on mental cruelty and 2yrs separation on the given below situations?
a) she does not file application for my medical checkup
b) she moves application for my medical checkup and the test result comes in my favour.
-Should I withdraw RCR for the above relief? If yes, at what time should I withdraw RCR? Please help.
Devajyoti Barman
(Expert) 02 July 2011
With the filing of the RCR you are deemed to condone all her acts of cruelty.
So if you simply withdraw the RCR and file divorce then it would be hopelessly non maintainable.
To file the divorce suit you have to establish albeit prima facie that any acts of cruelty has ocCured after the filing of RCR.
