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How to initiate divorce? With grounds of cruelty? Or 1 year after RCR


27-Dec-2023 (In Divorce Law)
My friend is male and his wife had given police a complaint with false allegations of cruelty and dowry. Police made CSR and friend had applied anticipatory bail and got 41(A) common order. Friend has also initiated for restitution of conjugal rights(RCR) on advocates advice. Police closed CSR on account of pending court case in RCR. On behalf of police complaint, protection officer made enquiry and since wife didn't appear for enquiry, protection officer gave report that there is NO evidence for violence on the grounds of dowry. Now wife filed case in PWDVA. PWDVA case is going on. If my friend is acquitted in PWDVA, can the acquittal decree be used to file divorce on grounds of cruelty? Or should he wait for RCR decree in his favour and 1year later to file for divorce?
Answers (2)

Answer #1
974 votes
there is no connection with dv and divorce. both will run separate. the person has already applied for rcr and he has to wait for rcr results. if he got acquittal there will be a chance for appeal. first take steps to quash the dv
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Advocate Murali Krishnan Sanjeevi

Adv. Murali Krishnan Sanjeevi

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Answer #2
760 votes
Your friend need not wait for anything and divorce petition can be filed only after one year from the date of marriage. Before filing divorce petition the restitution of conjugal rights petition must be withdrawn. If your friend gets favourable order in the RCR case his wife must be given a good length of time to make a decision to reunite with him. If your friend has decided towards divorce then he must go for it.
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Dr. S. Diraviam Dinesh

Dr. S. Diraviam Dinesh

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