We have 10 years of marriage .Canfile divorce us 13(1)1a and us 125 cr

Question

We have 10 years of marriage .Canfile divorce us 13(1)1a and us 125 cr

07-Jan-2023 (In Divorce Law)

I have received summons divorce and maintencae case. My wife left home with all household and pet on 2 aug. There after I received from caw cell for her complain. I went there but she didn't came. Second time she came withdrew the complain on 22/10/20. Suddenly I got summons of divorce case us 13(1)1a and maintenance us 125 crpc. I already filed defence for the same. Can I file rcr as well. Because I did not get time to file rcr and I received the summons. Should I or not. Since 2nd august I always being in contact through mail.please suggest.

Answers (3)

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Advocate Kawaljit Singh Bhatia LawRato · Accepted Answer · 2021-01-08T01:24:06+05:30

Answer #1

if you want to live with your wife, you should surely file for a rcr, mainly because it demonstrates that you want to live with your wife and secondly because it will help you in your maintenance application.

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Adv. Kawaljit Singh Bhatia Adv. Kawaljit Singh Bhatia

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Advocate Rajinder Pal Singh LawRato · Accepted Answer · 2021-01-08T10:29:01+05:30

Answer #2

Don't file RCR instead make lawful submissions by appropriate applications on the lines of RCR. Contest the matters carefully as people tend to commit mistakes in their pleadings as they tend to contradict themselves is separate litigations.

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Adv. Rajinder Pal Singh Adv. Rajinder Pal Singh

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Advocate Shrutika Garg LawRato · Accepted Answer · 2021-01-12T19:29:13+05:30

Answer #3

The question is : whether she is willing to reconcile. Because even if you file RCR, and if she denies to live, then the same will be a ground for divorce. But yes, you can send her a notice to take the divorce petition back and you want to reconcile. This would become a ground for not granting maintenance in light of judgments passed by Courts from time to time.

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Adv. Shrutika Garg Adv. Shrutika Garg

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