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Sachin (Executive)     05 June 2013

Urgent rcr query

Dear Experts

 

Need guidance on below queries....

 

 1) If i file RCR and order(decree) get passed in my favour and if still my wife does not come back to live with me. In that case can i file divorce petition immediately?

 

2) How much time(months/years) usually takes in getting RCR order passed.

 

3) How  much time(months/years) usually takes to get divorce on the basis of RCR( suppose judge passed order in my favour and she does not come back) and desertion(living separately for 2 years)

 

4) if instead of filing RCR, contested divorce usually takes how many years.

 

Kindly let me know that these cases will take how many years.

Thanks for the guidance.



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 June 2013

1) If i file RCR and order(decree) get passed in my favour and if still my wife does not come back to live with me. In that case can i file divorce petition immediately?

- Not immediately, you will have to wait for one year after the date of decree.

 

2) How much time(months/years) usually takes in getting RCR order passed.

- Depends upon case to case. If the other party wants to prolong it can take more time than usual.

 

3) How  much time(months/years) usually takes to get divorce on the basis of RCR( suppose judge passed order in my favour and she does not come back) and desertion(living separately for 2 years)

 -Depends upon case to case. 

 

4) if instead of filing RCR, contested divorce usually takes how many years.

 Again it would depend upon case to case. A contested divorce can end up in a compromise to convert it into MCD and the case would end in 6 months or it may go upto the supreme court and thus wud take many years.

 

Kindly let me know that these cases will take how many years.

from 6 months to many years.

Rajeev Kumar (Lawyer/Advocate)     05 June 2013

1. No 2. Atleast 8-10months 3. Then the process will be done and after summons she doesn't turn then 6 to 18 month. 4. Can't guranted.

Sachin (Executive)     05 June 2013

Awaiting reply from other experts as well.

Kindly give roughly idea against each query.........

 

Thanks in advance for your guidance.

 

Sachin (Executive)     06 June 2013

Dear Expert Lawyers

 

Awaiting you valuable input regarding each query..............

 

Thanks

fighting back (exec)     07 June 2013

@sachin...first you decide for yourself, if you want to live with her or not....if yes, only then file RCR, if not file for divorce....if you file RCR, it will be seen as an act of condonation of cruelty committed by the other spouse, and in response to your RCR, she can file DV 498 125 etc, hence think and act wisely.

seach in this forum in the search tab - "why not to file RCR" an excellent article written by shonneee kapoor. you will find all your answers here.

Paras Awasthi (Legal Services)     07 June 2013

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