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(Guest)

Separation under same roof after rcr

After RCR filed by husband wife return as per her advocate suggestion to husband hose but don't obey husband always try to curling, threatened for a small issue. No conjugal relationship under same roof after RCR filed 9 months before.

Wife also appear to court through advocate at 3rd summon and want time for reply RCR court summon. RCR decree not passed yet. Husband don't know her intention.

At this situation what is the best option for husband ?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 June 2014

If the wife returned to the husband's house subsequent to filing of RCR case on the advice of her lawyer, then the RCR becomes infructuous, however, the fact may be let known to the court and the petition may be withdrawn by the husband.  But the dismal fact is that she is indulging in more cruel acts after returning to the matrimonial house, thus, the husband may file another application to the court seeking dissolution of marriage by a decree of divorce on the grounds of cruelty and mental agony including non-resumption of conjugal relationship.


(Guest)
Originally posted by : T. Kalaiselvan, Advocate

If the wife returned to the husband's house subsequent to filing of RCR case on the advice of her lawyer, then the RCR becomes infructuous, however, the fact may be let known to the court and the petition may be withdrawn by the husband.  But the dismal fact is that she is indulging in more cruel acts after returning to the matrimonial house, thus, the husband may file another application to the court seeking dissolution of marriage by a decree of divorce on the grounds of cruelty and mental agony including non-resumption of conjugal relationship.

T. Kalaiselvan Sir,

Here Husband filed RCR and wife return to marital home by her advocate advice and on the other hand she appeared to court for answer the petition.


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