• RCR filing

I got married in July 2021 and my left matrimonial in the month of August-2022 and not coming back stating she want divorce. But i don't want to give divorce. I am thinking to file RCR.
once i filed RCR,she can counter file 498,domestic violence on me?
I have no intention to divorce her.Can she file contested divorce if file RCR?
Asked 1 year ago in Family Law
Religion: Hindu

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15 Answers

  1. As per the information mentioned above,makes it vivid clear that you only have the intention to reconcile the relation.
  2. Yes, even if she happens to have any criminal case or quasi criminal case like Domestic Violance on you or your family members then the RCR being filed already, would definitely put you an edge above the situation.
  3. Please express your willing ness to reconcile to her also via a reconcile notice/ request as soon as possible in a very well drafted manner as per law.
  4. Yes, she could even file the consteted divorce petition even after filing of the RCR.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Hi, you can file RCR. Even after filling a RCR she can file 498/A or Demotic  Violence case against you.

 

2. Suppose, If she filed a divorce petition against you, you can contest the same. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Once rcr is filed, her natural reaction will be to file 498A, DPA, DV etc. Don’t provoke her to seek legal advice by filing RCR. Her position is very strong under law. You can only file RCR and divorce against her but she can file all sorts of criminal  and civil cases against you and your family. Filing RCR will ultimately lead to divorce proceeding. Settle it out of Court.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Your spouse can file for contested  divorce if you file RCR 

 

2) she can also file DV and other cases against you 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

RCR is useless even if you get decree you cannot force your wife to stay with you 

 

let wife file for contested divorce 

 

it may take 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

Don’t think in terms of going to Court or don’t wait for her to go to Court. Take a step forward, talk to her, take initiative and settle the  matter, she your wife you know where is the  problem lies. Court proceeding will disastrous, more for husband.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

1.  It's in your own interest file for RCR and in case she doesn't join you inspite of favourable order on your side, then her refusal to join you, without valid reason, itself would be a strong ground for you to obtain divorce from her. In case she files 498a and DV case to counter your RCR case, it could be fought back to your advantage.

2.  She can file contested divorce against you based on one of the grounds mentioned under Hindu Marriage Act. Contested divorce may likely to take 1.5 to 2 years.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

Hi, no body will not assure the time normally it will take 3 to 4 years in the court of law.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

You can do that but the rcr will be dismissed after some time if the same is not proceeded with by your side

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

- If she is not interested to live with you , then on filing RCR by you , she can file counter cases on the false grounds of cruelty and other grounds. 

- Further, she can also file contested divorce petition during the trial of RCR as well. 

- However, if you get the favorable order in your case of RCR , then she cannot claim the maintenance from you. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear client,  I am sorry to hear that but in this you can file RCR and try to resolve the matter amicably. If divorce is carried out, the time period will vary.

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

If she decides to file a contested divorce case,. you cannot prevent her from doing so and also you cannot stop her from the revenge taking activities namely filing criminal cases against you on false information.

You can take precautionary measures namely anticipatory bail etc., and then challenge the false cases on merits. 

Also, even if you get a decree in your RCR case in your favor, you cannot make your unwilling wife to return to the matrimonial fold or force her to live with you against her wishes. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

If you do not want to file RCR then you can challenge her divorce case properly on the grounds that you rely upon.

The time taken for disposal of cases by court cannot be predicted owing to various factors involved in it. 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Even if you file RCR case she can file DV case, Section 498a case, maintenance case  and also   divorce case all of which you shall have to contest fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Filing of RCR case is of no material use.

 

2. It will be prudent on your part to amicably settle the dispute and start your married life afresh.

 

   

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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