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Don't want to live with wife she filed for rcr can i file for divorce


22-May-2023 (In Divorce Law)
Sir I am unable to maintain healthy relation with my wife and due to quarrels between us I left my city and shifted to Mumbai for a new job. my wife is a govt employed and she has not joined me in Mumbai. I am living in Mumbai for the last 2.5 yrs and she has not even called me a single time to know about my what about, and now she want me to come back again with her and she has filed a RCR but I don't want to go and live with her. Please guide me if I don't obey decree from court of staying with her.can I ask for divorce with her in this regard.
Answers (3)

Answer #1
792 votes
You have right to go for Divorce any time. .
Answer #2
632 votes
If the court has not yet passed the decree of restitution of conjugal rights, then you should defend the petition of RCR filed by your wife. According to section 23-A of HMA,1955, if you succeed in opposing the petition of RCR on the ground of cruelty or desertion by your wife, you may get the decree of divorce on those grounds in the same proceedings.
Answer #3
792 votes
Filing of conjugal rights applications is sometime a technical application you need to appear and face the application with proper reply otherwise in future it would be difficult for you to contest other ancillary matters pertaining to matrimonial disputes

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