• Contested divorce

Husband filed rcr and wife filed 498a later after 2 years rcr exparty granted in favour of wife now wife wants to fo for contested divorce on ground of desertion and cruelty as for mutual consent husband is demanding to withdraw 498a against him. What if she goes to contested divorce and how long it will take and if husband doesn't contest will it be granted exparty as rcr ? Please do suggest.
Asked 3 months ago in Family Law
Religion: Hindu

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7 Answers

Contested divorce proceedings take over 5 years to be disposed of 

 

if husband does  not contest you would get exparte decree 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

- If husband has filed rcr then how there may be ex-parte order in favour of wife. 

- However, the wife can file a contested divorce case on the ground of cruelty and other grounds even the rcr order is against her , as there is not law to bind the relation forcibly without the consent of each other. 

- During the covid-19 , there is chances to take long time for finalize the case , however it can take 1 to 2 years depending upon the burden of the court. 

- If he will not contest the case , then wife can get ex-parte decree within a short period of time. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

If the rcr is granted to husband, the contested divorce may also be granted in a moderate time.

Anand Shukla
Advocate, New Delhi
666 Answers
13 Consultations

4.9 on 5.0

If the wife decides to file a contested divorce on the grounds of cruelty and desertion, she can very well go ahead .

Please remember that the RCR was dismissed for default and not an exparte decree.

If her husband is not agreeing for mutual consent divorce then she can go ahead with the contested divorce, of course the it may take two to three years for disposal of the contested divorce case.

If she is ready for mutual consent divorce  then she can even decide about cooperating with him for quash of the 498A case by which her time, energy and money would be saved to a great extent.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear Madam/Sir,

Whether or not both cases are subjudice in the same court or different court, both petitions will go on parallelly unless there's a stay order for divorce. Here if RCR succeeds, the husband cannot be compelled to live with his estrange wife even though there's a decree of RCR. Divorce petition will continue in its own course of time and the court will decide upon its on finding and merits.

Thank you,

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Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

Yes if husband doesn't contest it will be ex parte. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Mutual consent divorce can be granted if bothe the parties are ready. Wife can get mutual consent divorce as the fir is against the husband and he will do as told. In case he doesn't then exparte divorce can be granted by the court if he doesn't present himself before the court.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

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