Harassed 10 April 2019

Divorce... 498a Acquittal & desertion, wife has RCR Decree

Hi, Saperated since 6 years.... Have a kid of 6 years, living with her.. Divorce case running since 5 years in Session court... I Got 498a acquittal in Lower court... Appeal going on in Session court Won DV act case in session court.... Appeal going on in HC Paying maintainence under 125 since 4 years... she is highly qualified and working... but i cant prove. 2 years after filing 498a and DV act cases, Wife filed RCR and she got expartee decree in her favour. Now, Even if i have valid grounds for Divorce as proved cruelty on me and dessertion, her RCR decree creating problems in obtaining divorce. She is not at all ready to settle amicably with permanent alimony and says (pretends) that she wants to come back... How to get Divorce ???? Please suggest the remedies to get rid of this... I dont want to live with her at all.

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7 Replies

Dr J C Vashista (Advocate) 11 April 2019

Consult your lawyer if there is some truth in your statement, which is prima facie, hypothetical and fabricated.

Vijay Raj Mahajan (Advocate) 11 April 2019

Your lawyer misguided you by not contesting the RCR petition, that petition should have been along with the your divorce petition, both petitions clubbed to be taken together by the Family Court but unfortunately your inexperienced lawyer misguided you. You need to contest the divorce petition on merits nothing else you can do now.

Harassed 11 April 2019

Dear Vijay Raj Mahajan, My Lawyer contested the RCR as soon as we came to know the order against me. But as the case was running in other state and i could not present personally there due to my illness it got dismissed. What exactly i can do now ?? Please suggest.. Thanks

Harassed 11 April 2019

I have read in many threads that if there is no compliance of rcr for more than 2 years... it has no value except seeking divorce... What does it mean ?

Harassed 11 April 2019

I have read in many threads that if there is no compliance of rcr for more than 2 years... it has no value except seeking divorce... What does it mean ?

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 13 April 2019

RCR decree got by your wife is a blessing in disguise. You can file divorce case on the ground that RCR cannot be complied even after one year of passing the decree. Even the person against whom the RCR is passed is entitled to get divorce decree. Consult a good lawyer.

Harassed 13 April 2019

Dear Samarpan Sir, Thanks for your reply... Divorce case is already running on the grounds of cruelty and dessertion (which is proved). Shall i add the ground of failed RCR in the same case OR shall i withdraw the present case and file another case on the new ground ?? Please advise