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Maintenancevictim (Own)     13 October 2015

Rcr related query

Hi

I won RCR against my wife yesterday. Judge asked her to join me in 2 months. I have two queries

1. I stay in City A. Initially i filed RCR in the Family court here but wife got it transferred to her place, City B. The final judgement is given my family court in City B. If she doesnt return in 2 months time, where should i file the Execution order- City A where the original jurisdiction lies or City B where the judgement was given?

2. Is she allowed to file a divorce case immediately now that i have RCR in my favor? Or does she have to wait for 1 year to file for it? I believe the 1 year period on non cohabitation is counted from the date of RCR judgement and not from the date of seperation prior to RCR decree-  correct?



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     13 October 2015

Sir,

 

Execution be filed in City B and she has not right to file the divorce on this 1 year thing because she cannot take the advantage of her own wrong in filing it .

 

Warm Regards

Kapil Chandna Advocate

9899011450

Maintenancevictim (Own)     13 October 2015

Thanks Mr Kapil.

I am okay to invite her back in my matrimonial life. Now, does this RCR judgement in my favor help me in anyway in preventing her from filing Divorce. As I am mentioned, i will not take that step,

If she doesnt join me in 2 months, and if i file Execution order, does that allow her to file divorce even after 1 year of non-cohabitation? What provisions are available to me from preventing her to do so?


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