user (Desig) 12 March 2012
Hi,
One of my friend filed RCR mentioning crutely ground 2 years back and wife turned back and they are living together.
Unfortunatley Wife's behaviour is not changed and since 6 months she is she is showing hell to him.
Now he is planning to go for divorce. Can he go for divorce on crutely ground? Because he had condoned previously.
Thank you very much in advance for ur reply.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 March 2012
Condonation is forgiveness - and re-instatement of erring spouse by the innocent spouse (Dastane v. Dastane 1976) the fact that RCR was filed and then your friend took her back and cohabited - does lead to inference of condonation.
However - No Condonation is absolute and it does not completely wash out earlier cruelty - - cruelty after resumption of cohabitation revived the earlier cruelty - Divorce petition is maintainable.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 12 March 2012
If he files divorce, previous cruelty would be revived.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
user (Desig) 13 March 2012
How can he proove this ground? Can he use his RCR execution as evidence?
or does he need any documentary etc.,?
Please advice.
JANAK RAJ VATSA (ADVOCATE) 15 April 2012
although the previous act of cruelity condoned by the stigma stays and it can be revived
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 April 2012
How can he prove the same? The same manner he would have proved it first time. Documentary and oral evidence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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