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Manika. A   16 April 2019

If husband files rcr and wife is seeking mutual divorce

Suppose, if a husband files RCR  (section 22, SMA) against her wife. His wife has received the summon to appear before the court on due date. Husband  wants his wife back but his wife want a mutual divorce.Here the wife found her husband is a mental patient, it was an arranged marriage.  What are the options left for the wife, to fight back and send a reply, the wife don't want to file 498a or DV, instead want a peaceful mutual divorce with minimum amount of alimony. The wife has also suggested for mutual divorce under the ground of mental instability of a spouse, but her husband and her in-laws wants her back.



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 3 Replies

Manika. A   17 April 2019

Actually here, wife asked for mutual divorce and came back to her parental house.  After few days, she received a summon of RCR from her husband. What to do in this case? Is there any way out other than the contesting divorce, she has no intentions to roam around the courts. 

TGK REDDI   17 April 2019

Contest Divorce is the only option before the wife. But there must, to my disgust, be a ground for it. The Court can, nevertheless, not compel the wife to live with him. Divorce, if you ask me, must, without asking any ground, be granted before you could say divorce.

Nikita Parekh   18 April 2019

It appears as in most cases the person putting the question tends to hide all important facts which are against him/her

And Just by putting some facts which best suit them, frame a question and put it here for solution

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