RCR case filed, can I withdraw it and file divorce case?

Hi. I am 44 yrs old man. mYI had filed RCR in Sep 2012 in Delhi District Court where I am staying for earning purpose, but she had chosen to transfer the case via supreme court in 2013 to Darbhanga, Bihar where she is staying and where my marriage was solemnized. Further mediation also was tried at SC but it was failed due to she was not showing interest to return. This case was transferred to Darbhanga in Aug 2014. Now today is Aug 2015, nearly 3 yrs had passed, now the case is at evidence stage. so it is better to withdraw the rcr and to file divorce on desertion, cruelty as to see my age 44 yrs and time duration in rcr and further divorce case. as I have 10 yrs daugther, so I had chosen to fight rcr to save my family and social status and to protect her character from the society As she had not showing good character during the marraige and I have sufficient reason and written proof for her misconduct. As she is found guilty in our eyes, she had not choosing to return me and to face my family. In contrary, she is blaming for dowry, domestic violence against us. In this situation, what can I do in this situation , go for rcr and to withdraw and file divorce. Reconciliation is not possible as regard to her dessertion and cruelty and written blame to us in the court file.
In my personal experience, Supreme court is also not properly gauge the situation and take note of mediation report and simply transfer the case without time limit to dispose the case as demanded our end.
Hopeful for quick solution.
Thanks and regards

Answers (1)

102 votes

Yes, case of RCR under section 9 of hindu marriage act can be withdrawed by filing an application at any stage as dismissed as withdrawan. Fresh case of divorce can be filed on grounds of cruelty and disertion.

Furthermore, under Hindu Marriage Act 1955 section 13(1A)( ii) lays down that either party may present a petition for divorcd decree on the ground that there has been no restitution of comjugal rightd for a Period of one year or upward after the passing of a decree for restituion.

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