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If wife does not come back after RCR, shall I file for mutual divorce?
15-Dec-2023 (In Divorce Law)
Dear Sir/Mam, Myself from Erode, Tamilnadu. Mine is intercaste love marriage happened on 1st of december 2016. Its been registered also. My wifes parents didnt accepted this marriage. After couple of months(2), without my knowledge she went to her parents home and there after she didnt came back. I tried speaking to them through my family elders and it went failed. Then i applied RCR and it also doesnt helped me even though it got Ex-party and the order is favoured to me. I am beeing in a position to move forward because she is also not taking any measures to make some communication. I thought of going for divorce. I got my order(RCR) on 27th of novemeber 2017. 1. So now should i have to go with mutual consent divorce or shall i go with contested divorce. 2. How long should i wait to apply for divorce after RCR order.
RCR is different from divorce. The person apply for Reunion. Mutual is also different from divorce. After getting the RcR they may go for divorce. The mutual divorce had to be filed before proper court.
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Adv. Murali Krishnan Sanjeevi
Chennai | 500+ Answers
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If your wife is willing for mutual consent divorce then you file divorce on basis of mutual consent otherwise then you file divorce on basis of non fulfillment of the RCR decree. you are entitled to get divorce on the basis of RCR decree.
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Adv. Satish Kumar
Chennai | 500+ Answers
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You can go anytime seeking divorce before the Family court. Regarding mutual consent if she is agreed for the same the best option would be divorce through mutual consent. It will save time as well as money part of it. in the event of rejecting your request for the same you better file a divorce petition against your wife.
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