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RCR Withdrawal after Mediation Failed


20-Nov-2023 (In Divorce Law)
Hi Team, My Wife is staying away from me from past 3 years. I had filed RCR four months back and Mediation was referred. Mediation Failed since my wife is not ready to join me now. So Can I withdraw RCR and file divorce Petition based on Desertion and Cruelty. Can there be any objection from opposition party for RCR withdrawal. Pls confirm
Answers (3)

Answer #1
722 votes
you can fail contesting petition one sided just turn on the ground of equality letter A and B are the properties and if you want come for mediation session then the court will pass are the judgement and decree for against
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Advocate Shankar Bandi

Adv. Shankar Bandi

LawRato Bangalore / Bengaluru | 400+ Answers
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Answer #2
604 votes
yes you can with draw the case of restitution of conjugal rights and file fresh petition for divorce with regards of desertion and cruelty and it's better to withdraw rcr as that case is of no use you will be just wasting your time in that case
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Advocate Anil Kumar

Adv. Anil Kumar

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Answer #3
964 votes
yes if there is a clear refusal why you are wife to join you recorded by mediation office you can withdraw that R C R and file a divorce case against her.. you better immediately get a copy of the mediation report and in some places they do not provide you with copy , then you will have to wait for that report getting recorded in the RCR case in Court .
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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