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(Guest)

using RCR as ground for divorce

 If husband/wife files RCR and get it passed in his/her favor and the respondent refuses to join for a continuous period of one year after passing RCR, can the respondent use it as a ground for divorce? ie. Husband files RCR and get it passed in his favor. Wife refuses to join for a continuous period of one year after passing RCR. Now, can wife use it as a ground for divorce? What are the steps involved in RCR process? How long the whole procedure will take at min.? Does the process involve crossing/examining? Can RCR be withdrawn if the respondent files for divorce later?



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 4 Replies

Ajay kumar singh (Advocate)     19 April 2009

Yes.

Prabhat Kumar (Advocate)     20 April 2009

yes,under sec-13(1A) of hindu marriege Act,RCR can be one of the the ground for divorce.any one i.e either husband of wife can take this ground.the time consume will depend upon the court.evidence is only required when any party claim that a decree of RCR is complied with.

N.K.Assumi (Advocate)     20 April 2009

Yes, agreed with the members; Once a spouse moves an application for RCR the Court is aware that the marriage is on the rock, and if there is irrevertable break down of marriage Divorce is the only option that the Court can grant. Only recently the law Commission has also commented on irrevertable break down of marriage.

amit (TL)     11 August 2011

How much time it takes if RCR is in my favor and I am using it as a ground for divorce.


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