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Samuel (CEO)     03 December 2012

Can i make rcr and later convert to divorce

Dear learned members and Advocates:

Please throw some light on these questions:

1. Can I convert RCR into Divorce after some period of time?

2. What would happen if I file direct divorce? will I be consider as a cold blooded villain before law?

3. If I file my cases at our matrimonial place, will she be able change the case to her home town? Note: We both of us working at Chennai and residing here.

Thanks in advance,



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 December 2012

Dear Sameul, 

 

1. No you cannot since the cause of actions for RCR and Divorce are completely and diamterically opposite you cannot amend. (in RCR you seek to restore conjugal company and in Divorce sever it) 

2. No you won't be - if you are aggreieved by your wife's conduct and have the grounds as per the law - it is your legal right to file.

3. If she is also in Chennai then in all probability she won't suceed in getting a transfer.

 

Good Luck !

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

Rahul Sharma (Others)     03 December 2012

For sure cann"t covert but I guess can withdraw RCR and file Divorce after one year if do not see any fruitful result from RCR. Please confirm Mr. Bharat Chugh.

rajiv_lodha (zz)     03 December 2012

@ rahul,

On what grounds u wil file divorce if u have already filed RCR? Most of the grounds stand CONDONED in RCR petition


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