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ram (caller)     21 January 2012

Is my lawyer right?

Married in Jan 2011, It's an unconsumated marriage. She stayed in matrimonial house for only 20 days, we live in different cities ( states) citing job & she would be back in 3 months, she used to visit once or twice a month, issues arised from April since she refused to shift. Things escalated and I filed for RCR in May, the RCR was declared ex partee in Nov, I'm yet to get the judgement. 

I approached the lawyer if we can file for divorce. He gave me 2 options, send the RCR decree and pressurise her for a mutual divorce or cancel the RCR now and apply for contested divorce.

My question is after the RCR judgement copy is received cant I apply for divorce immeditely, lawyer says we cant? Is it true.

Pls advice.



Learning

 18 Replies

rajiv_lodha (zz)     21 January 2012

RCR in ur favor..........u have to cool ur heals for one year to apply 4 divorce on this very ground.

Remeber its ex-parte. She has no knowledge of such RCR decree............I see no easy divorce in the pipelie

ram (caller)     21 January 2012

Rajiv what are my options here, Should I cancel the RCR - if so what are the reprecussions or should I continue with the RCR send her the judgement copy and hiberanate for another 10 months. pls advice.

rajiv_lodha (zz)     22 January 2012

U got RCR exparte, nothing like CANCELLING THIS RCR. What was the exact ground 4 court to proceed ex-parte? U married in Jan 2011, so my take is---- Go 4 EXECUTION of RCR.

ram (caller)     22 January 2012

She did not appear for a single hearing, so the court proceededv ex parte, Im yet to get the judgement. My question is If i execute the RCR, I,e serve her the copy. Can I file for Divorce immeditely after serving. I need some advice on this. I consulted 2 lawyers and both have dirrent versions.


(Guest)

First, you have to file for execution of RCR decree. Then if she fails to comply with order for one year, you can file for divorce on that ground. So, you have to wait for one year after you get execution order on RCR before filing divorce on this ground.

ram (caller)     22 January 2012

Hi Sonu, can i file for divorce on other grounds now rather than waiting for 1 year. I'm thinking of non consummation of marriage, falsely accusing me of being impotent, allegations, threatns and mental torture. Pls advice.


(Guest)

I think, if she get RCR execution order, she will challage the RCR order itself in highcourt citing some execuses for non appearance in RCR proceedings..as you got it exparte. 


(Guest)

You already filed RCR and got it in your favour...which means you did forgive her all faults...otherwise you should have filed for divorce instead of rcr at the first instance. Now in my opinion the only reliable option left to you for divorce is wait for one year after getting rcr execution order and then file for divorce on that ground. In the mean time if she challage the rcr order, fight it on merits, and if she put the allegations like impotency in her reply..then apply for medical checkup. Anyway, now filing for divorce without solid evidences for such allegations will be fatal to you in long run...

ram (caller)     22 January 2012

The judgement was passed in Nov, if there is mental harrasement tortutre after this period, can I go for divorce now.


(Guest)

Theoretically YES, but practically it would be almost impossible to prove, without solid evidences,  the mental harrasement/tortutre which must be severe enough to divorce. So, if you have solid evidences and witnesses to prove her mental torture even after getting  RCR decree, you can file for divorce on that ground. If you file for divorce on such grounds and later fails to prove the same, it will be helpful to her to file cases ie. maintenance, seperation etc. against you

Self service (None)     22 January 2012

unconsumated marriage - is enough reason for filing divorce. But you did mistake by filing RCR not really mistake as you are recently married so any way you have to wait for 1 year.


(Guest)

If the couple lived together and wife says the marriage consummated, it would be almost impossible for the husband to prove that the marriage was not consummated.  You can't sent her for medical checkup to prove that she is not virgine.

Chaitanya_Lawyer_Mumbai (Lawyer)     23 January 2012

Wait for a year after execution of RCR in your favour.

It will be very difficult to get divorce on cruelty grounds in the meantime, as you have indicated that u condoned the cruelty by filling of RCR.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 January 2012

divorce is not that easy. You can use RCR tactfully for mutual divorce.


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