Legal Question in Family Law in India

Filing RCR and using it as ground for divorce

if HUSBAND files for RCR and get it

passed in his favor but wife refuses

to join with him for a continuous

period of one year after passing

RCR, can WIFE file for divorce

showing it as a ground?

Its clear in the above case that

husband, who filed RCR and get it

passed in his favor, can use the

one year separation as ground for

DV? but what about wife using the

same ground?


Asked on 4/16/09, 11:42 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Filing RCR and using it as ground for divorce

The RCR decree may be a good ground for divorce in the hands of the decree holder as it may establish 'desertion' of the opposite party and not vice versa.

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Answered on 4/16/09, 6:19 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Filing RCR and using it as ground for divorce

Already replied.

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Answered on 4/17/09, 5:14 am


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