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 8 months ago in Family Law from Chinsura, West Bengal
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
Thanks...pls tell me the procedure to withdraw RCR.
Asked 8 months ago
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
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.
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
Advocate, New Delhi
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.
.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.