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I have passed exparty RCR Decree in my favour. In March 25


19-Aug-2025 (In Divorce Law)
I have passed exparty RCR Decree in my favour. In March 25. ...I will surely pass Dismiss of Dv Case. In short time for many reasons Now I want divorce decree ....I have Strong proof that in Affidavit of wife she was mentioned separation date is 28/08/2021 ..now Desertion time period 4 years....I want divorce...which way is better?
Answers (2)

Answer #1
667 votes
Since you already have an ex parte RCR decree in your favour and the wife has admitted separation since 28/08/2021, you have a strong ground to file a divorce petition on desertion and cruelty under Section 13(1)(i-b) and 13(1)(ia) of the Hindu Marriage Act. The fact that 2 years of continuous desertion has already lapsed strengthens your case. Alternatively, if both parties agree, mutual consent divorce under Section 13B is always quicker and less contested. Considering your facts, contested divorce on desertion and cruelty is a legally sustainable route if mutual consent is not possible.
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Advocate Mrunmayi Kotawadekar

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Answer #2
817 votes
Yes, you can file for divorce on grounds of desertion and as well as cruelty since you have her admission in affidavit of separation that is a strong proof. Desertion requires minimum two years continue separation and you have four years, the court will likely grant divorce if you prove that she has no justify reason to desert. Also after a decree of RCR if your wife fails to resume cohabitation within one year you can file for divorce in that way as well best option is for you that as you have already crossed 4 years decision period in August 20 25 you don't need to wait for one year and you can directly file for divorce on the grounds of decision and mention the ground for cruelty you can mention two grounds in one divorce petition
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

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