If husband wins contested RCR & still wife did not join him. then he can file for divorce after completion of one year of RCR decree on the ground that RCR decree not obeyed by wife.
My question is whether again he has to go by entire procedure like, framing issues, interim applications, evidences, cross, argument & judgement etc to obtain divorce or there is another procedure for that ground.
Pls reply
Thanks
Adv. Chandrasekhar (Advocate) 15 October 2014
Yes. But the issue is simple. Whether resumption of cohabitation happened after the RCR decree was granted or not and next issue is whether party seeking the divorce is not taking benefit of his wrong. The evidence will be simple in nature. The husband does not need to prove again that wife has deserted him without reasonable clause. As it is HMA petition, Section 24 is applicable and maintenance application lies. But it is not as lengthy and as arduous as you assuming.
sandeep (pvt service) 15 October 2014
but what if wife still wants to take divorce even after the husband has won the RCR.....then what happens? cant she file divorce?
Adv. Chandrasekhar (Advocate) 15 October 2014
Yes. wife can file divorce on the ground that one year since the passage of RCR decree, the cohabitation is not materialized or any other ground which is available to her as per law independent of RCR decree.
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