notit4tat (SoftwareEngineer) 17 December 2013

Filing divorce while rcr is pending at evidence stage

Dear all Experts,

I am in a confusion, In order to file divorce is it mandatory to withdraw the RCR ( RCR case is at evidence stage)?

As someone said in the forum, we can refer the pending RCR case for the 2yr desertion and 498, DV (which are going in a trail court) are the cruelty , how far it is true, is it not contradicting as two cases are totally different and opposite?

Please clarify me soon which help me to file divorce so that I can manage the time as my wife is neither giving me divorce nor joining me.

Thanks

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 17 December 2013

You withdraw the RCR and file fresh petition for divorce on the ground of desertion. You can refer the RCR in the divorce petition to show the desertion.

Adv Archana Deshmukh (Practicing Advocate) 17 December 2013

You should withdraw the RCR case before filing the divorce. It is absurd to keep RCR and divorce cases simultaneously. However, do mention in your petition about the filing of the RCR.

notit4tat (SoftwareEngineer) 17 December 2013

Dear Medam,

Thanks for your reply

What do you suggest, Would it be better if I withdraw the RCR and file the divorce or should I keep the RCR till judgement ?

My constraints

1. 498A & DV are pending at trail court. Some one was saying it would be better if I get RCR Decree which support for these cases

2. Chile Custody case is at evidence Stage: How can I justify myself saying I want divorce and the same time Child custody?,

Please help me

Thanks

Filing divorce while rcr is pending at evidence stage

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