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bharat babu (NA)     18 August 2013

Experty after rcr

Hi all,

  My wife side returned all 3 RCR letters (court and direct by post)...My MIL say that my wife is not at home, and she is staying out side..That is not correct.. Inorder to avoid my letters they are doing like that..

 Now is it compulsory to publish in paper before request to judge for experty?

My advocate is telling that as these RCR is a time taking process, so after experty no need to wait for 1 year cooling period for filing divorce..After experty we can with draw the RCR and can file divorce..
Because all these process are time taking..

one more thing is that in such case should I wait for 2 year separation, which is after 5 month.. then I can file based on desertion, or right now I can file for divorce?

Please suggest me in this regards..

 



Learning

 4 Replies

sandykrish (Interested in Family LAW)     18 August 2013

Dear Querist, Once the decree is passed in your favour, the court will give 1 year cooling off period if she doesn't join you then apply divorce that becomes a solid ground. As you have already said you have 5 more months for 2 year desertion period ask your lawyer for pressing exparty orders. In the process you have 5 more months try to gather more evidences and stick your lawyers advice base RCR orders plus other cruelties if any and apply divorce. It all depends on your urgency but my suggestion is have patience. Good luck

(Guest)

Dear querist,

 

For divorce through RCR = RCR decree + 1 year cooling period after RCR decree

 

For divorce through 13 (i b) = A divorce petition could be filed by the petitioner where Respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.

 

So, you have both side of coins in your favour.

If she doesn't turn then you wll get divorce after 1 year of your RCR decree.

or else.

You could file divorce after five months on the ground of desertion more than 2 years.(in this you wll have more benefit as you will save 7 months of waiting period along with not tackling the uncertainity of your wife that she will turn out on the last day before decree or not)

bharat babu (NA)     21 August 2013

Dear Sufferer Sir,

    After 3 notice is it sufficient to request for "Expertee"?

My advocate told me that we will send one more notice, and paper advertisement is needed?

But I heard that, 3 rd notice is already enough? So can you suggest me on this?


(Guest)

3rd notice + paper advertisement  = RCR Decree (if respondent not turned)


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