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Divorce ground on of separation after a year-long decree for RCR
31-May-2025 (In Divorce Law)
wife filed RCR with genuine hopes of reconciliation. RCR decree passed. Husband still stays away for an year and files divorce later on ground of RCR. Will husband so easily get divorce?
Poor wife who filed RCR in good faith, will be divorced ?
No, divorce is not easily granted by the Courts. The husband needs to prove an irretrievable break down of marriage and present strong grounds for grant of divorce. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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Dear client based on your query, A decree for restitution of conjugal rights may pave the way for divorce if cohabitation isn't resumed within a year, but courts consider the circumstances before granting it, for relevance we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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Well, the Wife who filed RCR won't get any relief if the Husband does not want to live with her despite RCR Petition goes in her favour! RCR Orders cannot compel the parties to live with each other! If you wanted to seek Divorce and your Husband would not have been giving Divorce to you, then, in such a condition, if you would have filed RCR to expose your Husband, that, how he illegally deserted you without justifiable grounds, then, he on not implementing the RCR Order going in your favor, would have given you an opportunity to Divorce him, as he would not have been storing Marital life with you including Cohabitation and Conjugation!
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Even after RCR decree, if husband doesn't resume cohabitation for 1+ year, he may file for divorce. Court will assess conduct; wife can oppose it citing his neglect or cruelty. Divorce can be granted if the court is convinced.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Dear Queriest, filing divorce is a long process if the wife attends and contests it then it may take time to get the decree, wherein the wife has already filed for rcr the therefore the same may be stalled unless the rcr is decided, for more information about the same kindly call me l.
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Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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