• Mutual divorce

I am separated from my wife during last 6 mnths. I had made RCR petition . But now i can understand that there is no chance of reconcilition...my wife is not interested to patch up our relation. She is willing for mutual divorce. And now i can realize that i am wasting my time and money  by RCR. So now i want to go for mutual separation too. Can i discontinue the  RCR now and start joint petition for divorce? Can we get divorce in 6 mnths?
Asked 5 months ago in Family Law from Chinsura, West Bengal
Religion: Hindu
1) you can withdraw RCR . It is useless as you cannot force wife to stay with you 

2) apply for divorce by mutual consent 

3) it should not take more than 6 months 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
You must have engaged a lawyer 

2) he will make application for withdrawal of RCR petition and it should be signed by you 

3) court would grant your request 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1. You are free to withdraw the RCR and subsequently apply for MCD. Just tell your lawyer to withdraw RCR, and he will do the needful. 

2. MCD takes only 6 months to materialize.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
First of all execute a MOU with her with all terms and conditions and file first motion for mutual consent divorce before family court and after recording the statement the court pass an order and after six months from filing the first motion you may file  second motion of MCD.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If she is ready and willing to file a divorce case on the grounds of mutual consent, you may file a joint petition for the same and once it is numbered and next of hearing is posted then you may withdraw the pending RCR case. 
The MCD will be disposed in 6 months time. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
.pls tell me the procedure to withdraw RCR.

First file the joint petition for mutual consent divorce and then file a petition seeking the court's  permission for withdrawal of the  RCR case on the next date hearing.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0