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ravi (Eng)     04 November 2016

Date for converting rcr case to divorce case

Hi,

 

I have filed an RCR case. But there seems to be no progress and my wife is also not appearing for dates.

 

I want to conver this case to Divorce case.

 

My problem is that I am living in other city for job. My RCR case is going on in my home town. I have come home on leave.

 

Can I convert the RCR case to Divorce case on any day?

OR

I have to go only on date of RCR case?

 

Please, advise.



Learning

 8 Replies


(Guest)
Don't make mistake of withdrawing of RCR. Remember you first heard it from me. Let the case be over. Wait till then. It will help u secure divorce.

Ms.Usha Kapoor (CEO)     05 November 2016

Once she refuses to join you after RCR orders in  your favour   your road blocks for divorce willbe removed and henceforth your path to divorce will be smooth sailing.Hence don'twithdraw RCR case.If you appreciate this  ANSWER PLEASE CLICK THE THNAK YOU BUTTON ON THIS FORUM..

Sankaranarayanan (Advocate)     05 November 2016

Well , nothing more to be added , well adivsed by the experts

ravi (Eng)     05 November 2016

Thank you for the replies...

But please guide me on this question:

Can I convert the RCR case to Divorce case "ON ANY DAY"?

OR

I have to go only on date of RCR case?

Sachin (N.A)     05 November 2016

How can you convert the petition of RCR to divorce

RCR : Come back cant live without you.

Divorce : Go back cant live with you.

First you have to widraw the RCR petition and then file divorce petition

ravi (Eng)     07 November 2016

Thank you Sachin for clearing my doubt!

 

So, I will have to withdraw RCR case and file fresh divorce case.

 

My queries are:

 

1. Can I withdraw RCR case ON ANY DAY? or

    only on next date of this case?

 

2. Suppose today I gave RCR case withdrwal application. Then when can I file Divorce case? Same Day / next day / when after that?

I mean is there any dependency on closure of RCR case? How many days would it take to close the case?

 

 

As I live in different city, I will have to apply leave and will have to go to home town where RCR case is filed.

 

Please, give suggestions..

 

Sachin (N.A)     07 November 2016

You can widraw the RCR on any day.

The case of Divorce can be file on same day after court accepts your application of widraw means  when courts order to send the case file to record roon 

You need not to be personally appear before court your lawyer can do it on your behalf.

sai narayana   07 November 2016

If your wife is not appearing, get the RCR as ex-parte. And if you are sure, she will not appear for even divorce case also, then only file divorce case else stick to RCR ex-parte and it's execution. And 1 year after obtaining RCR, you can seek divorce.


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