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Divorce after RCR can we file for divorce earlier
01-Jul-2023 (In Family Law)
Is it true that if wife (plaintiff) files execution application of ex parte decree RCR u/s 9, Hindu Marriage Act, to enforce it against husband, and the husband (defendant) does not appear before the Family Court, wife may file divorce petition immediately thereafter; without waiting for the mandatory waiting period of 1 year u/s 13 (1-A)(ii) from date of passing of RCR decree? In other words: Can divorce be obtained prior to one year if decree of RCR is not obeyed by husband (defendant)?
That one year time that you have referred is exactly in reference to a situation where RCR is not obeyed by the parties.
Where in consequence of the decree of RCR the parties start to cohabit together and resume marital ties then that same period of one year becomes immaterial and does confer any right on the party which earlier applied for RCR to apply for divorce.
As far as the ex-parte decree is concerned the law itself certainly makes no exception that particular case, although the Supreme Court or the High Court of the state where RCR was obtained may have rendered a decision (which I personally think is very doubtful). Nevertheless, in that case advantage may certainly be taken of such a decision.
Where in consequence of the decree of RCR the parties start to cohabit together and resume marital ties then that same period of one year becomes immaterial and does confer any right on the party which earlier applied for RCR to apply for divorce.
As far as the ex-parte decree is concerned the law itself certainly makes no exception that particular case, although the Supreme Court or the High Court of the state where RCR was obtained may have rendered a decision (which I personally think is very doubtful). Nevertheless, in that case advantage may certainly be taken of such a decision.
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Adv. Nikhil Sabharwal
Chandigarh | 25+ Answers
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As per Hindu Marriage Act divorce can be filed when there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of
restitution of conjugal rights . However, the SC in order to do complete justice in rare cases where it can be proved that there has been irretrievable break down of marriage then the period can be waived off.
restitution of conjugal rights . However, the SC in order to do complete justice in rare cases where it can be proved that there has been irretrievable break down of marriage then the period can be waived off.
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Adv. Srishti Saxena
Delhi | 100+ Answers
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