S.B _Kolkata (Service) 23 January 2010

Result of filing RCR

What is the consequence of filing RCR? If she dosn't respond the leagl notice of the court to explain the cause of separated stay, can I get divorce immidiatly in this ground?

In other way, if she responeded the summon and expressed her false allegation of cruelty & desertion against me and my parents before the court, what would be the verdic of the court?

Secondly, after getting summon if she wants to come back my house, Can I impose some provision or written declaration on her before take her back?

If I dont want to continue my maritorial relation with her, In that case should I file RCR to get a ground of divorce?

Lastly, If I file RCR against her, can she file 498a on us before the conclusion of rcr case by the court? if yes then will rcr help me to give fight against the false 498a case?

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Adv. Deepak (Advocate) 24 January 2010

My Dear Friend, If you have filed RCR against her and she did not respond to the legal notice issued by the Court, Court can proceed without her say in the matter and you will be able to get decree against her. However, this alone could not be the ground for divorce. After getting the decree of RCR, you will have to inform her by legal notice to join you and if she did not respond, then also, then it will be a ground for divorce.

If she responded the summon and made false allegations against you, court will frame the issue and decide the case on merits.

On her plea of coming back and joining you, you cannot impose any condition or take any declaration from her. However, you can treat her in the same way as you were living before your separation. There is no legal provision for you to put any condition on her.

If you are sure that on your filing RCR, she will definitely not agree to resume relationship with you, then only you can file RCR. Otherwise, if she agrees to come back, you will have to take her back.

Even if you do not file RCR, she can very well file 498A against you. However, if she would be able to prove that you have committed cruelty against her and in order to save from it, you have filed RCR against her, then the court can hold you guilty.

Regards. Adv. Deepak. ddkharpudikar@indiatimes.con