LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Law Querier (Service)     05 July 2014

To file rcr after divorce petition filed. is it advisable?

Husband from foreign country has filed divorce petition u/s.13(1)(ia) of HMA through power of attorney. Wife lives in India does not want divorce as she wants to sustain marriage life. She is thinking to file RCR u/s.9 of HMA against her husband.

1. Suppose wife files RCR petition and gets RCR decree in her favor and the divorce petition filed by husband  would be dismissed and after that if there is no conjugal relation establish between husband and wife during one year period after RCR decree, Can husband file divorce petition although the RCR decree is not in his favor?

2.  Is it advisable to file RCR petition by wife after divorce petition filed by husband if she does not want divorce? What are the benefits of RCR in this matter if wife file RCR petition against husband?



Learning

 5 Replies

M.Sheik Mohammed Ali (advocate)     05 July 2014

husband having rights to file Divorce, and same wife having rights to file RCR, the court will decided and counseling finally order to either divorce or RCR. but if court order RCR, the husband or wife willing to live with each other with adjustment. otherwise any order gave court it will in just paper. nothing to do by the court.

Law Querier (Service)     05 July 2014

But, my question is that If RCR decree is passed in favour of wife and  if there is no conjugal relation establish between husband and wife during one year period after RCR decree produced, Can husband file divorce petition again although the RCR decree is not in his favor?

Adv Archana Deshmukh (Practicing Advocate)     05 July 2014

Yes, the husband can file for divorce.

gautam (not disclosed)     05 July 2014

On what grounds did husband file for divorce?

Did you refuse to join him in Athe foreign country? with any reason?

You can contest divorce case even without filing RCR

If he has valid grounds for divorce, he will be granted one.

Samir N (General Queries) (Business)     05 July 2014

There is a legal answer and there is a practical answer to your question. Lets analyze. First, the RCR and Divorce decree are mutually exclusive. Both cannot be granted simultaneously for obvious reasons but both can be denied! The Divorce petition may be dismissed based upon your opposition to it, assuming that you have valid defenses. Yet, your RCR decree may also be rejected for a host of reasons - You may not have a visa to the foreign country, he may have just reasons for his inability to come to India now.  Also, suppose you do get a RCR decree in your favor, he can still fail to comply with it and then post-decree provide valid grounds for his inability to comply with it. Been abroad is a perfect defense. 


There is also this intermediate beast called "Judicial Separation." It is something between a divorce and a RCR-and-all's-well situation and after one or two years (I forgot), a party can apply to convert it to Divorce.


Can husband file divorce petition again? Whatever grounds he provides for in the first divorce petition cannot be used by him again. However, new facts or different legal-basis are perfectly valid reasons to file a fresh divorce petition. 


RCR does help to convince the Judge that you are genuinely against divorce and to therefore reject the divorce petition filed by your husband. It is a good litigation strategy to avoid divorce. Even if the RCR is not  honored by your husband, it would have served the purpose of dismissing the divorce petition.


This is very general advice. The facts of your case need to be known in detail before anyone can advice you convincingly.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading