Rcr petition & divorce

Why did you file RCR when you were aware its consequence? Petiton for RCR is a useless weapon with a husband except to prove his bonafide that he wants to stay put with his better-half.

However, if wife has joined you when the case was pending, the petition became infructious. The petition can be used against you when you apply for divorce on the ground of desertion, that you have axed yourself., a blunder.

Contact your lawyer and seek second opinion from a local seasoned lawyer..

Sir Vashista,

I need your opinion.

Dear Friend,

With filing the RCR and her coming back you have axed your leg as rightly said by our senior friend Mr Vashsishta. Now you can only move to the court after two years with the ground of the desertion for the Divorce.

However as you have mentioned in your averments that you have got done some of the mental tests and the treatments of your wife this may help you on the ground of the cruelty if you already have expired at least one year since your marriage.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Email: advicelaw1@gmail.com

Ph: 9582144748

Any other please advice to outcome from this situation. 

If she has returned to her matrimonial home on her own during the pendency of the RCR petition, it does not mean that she is living a conjugal life with you, so do not withdraw the petition so soon, let the court say that since she returned  to your home the petition became infructuous, then at that time you can file an affidavit stating that though she returned to the matrimonial home, the conjugal relationship has not been resumed which can be confirmed by adducing evidence in chief as well as during cross examination of the petitioner if need be.  Thus this will prove that there had been no cohabitation between you both from the day she actually left your company on her own till the date of filing this affidavit.  Besides non cohabitation, the evidence for her mental ill health and subsequent acts of cruelty will be stronger evidence for you to proceed with the divorce petition at a later stage. Consult your lawyer for further tips on the subject.

Kalaiselva Sir,

What is "adducing evidence" please explain.

You are advised not to accept the  conjugal relations between you even after her return to your home.

There are many citations where, even living together under one roof  does not amount to the good conjugal relations so, on this issue do not accept and go for the physical relations any more with her and get it mention in the affidavit that there is no resumption of the conjugal relations and as such there is no condonations of her cruelty has been done from your part, thus the divorce petition be treated as true and fit for the divorce on the grounds of cruelty.

Thank you Kalaiselva Sir and Anand  Sir.