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Whattodo (fdsfds)     17 December 2009

Mediation

Hi ,

 

      I and my wife got married in Feb 2009. She stayed in my house for 4 months . She could not adjust to the problems in my house and left my house and started living with her parents.

I have filed a RCR against her in the Honurable court in Gujarat.  The matter is before mediation now.

She saying that she will come and stay with me only if we both move to a separate house and there should be no interfering from my parents. But I am not ready to move out of my place .

My questions:

1> Will my RCR application be granted and she be ordered to come and stay with me in my present home along with my parents?

2> What will happen if she refuse to comply with RCR?

3>The matter is being mediated now. The mediator has told that since both parties are not willing to change their stance , he has adviced us to sign a mutual consent in the mediation telling that this will easen the divorce process. Is this true? If we have this consent , how quickly can i get divorce from my wife?Even after mutual consent , do we need to wait for the 6 month period before divorce?

 

Please reply... thank you



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 3 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     17 December 2009

 

 

Already advise u against ur PM.

Whattodo (fdsfds)     17 December 2009

Sir , many thanks for your reply.

I have some questions. PLease clarify them:

1> Suppose she does not agree for mutual consent and the matter goes for contest of the RCR, can I file for divorce even when the RCR contest is happening?

2> HOw much time does it take for a RCR case to be resolved?

Devajyoti Barman (Advocate)     17 December 2009

If you file a case for RCR then you have condoned her acts of cruelty and hence can not file a suit for divorce unless there arises subsequent cause of action.


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