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Can divorce be filed for not complying with sec 9 RCR in same court?
06-Nov-2023 (In Family Law)
Family Court Barabanki gvn 1st nov 2017 deadline to wife to comply with 9 RCR decree.she failed and didnt join the conjual life on this date i.e. 6 -11-17- 1.C0an a divorce petition be filed in same court on 7th of nov 2017 onwards? 2. or Husband(9 RCR Winner) has to wait for 90 day from date of judgement(Date of judgement 01-09-17) i.e. 1st Dec2017.
There is no mandatory requirement of waiting for 90 days but at this point it would certainly be advisable to wait for at least 2-3 months before filing for divorce to show the Hon'ble Court that you gave ample time to your wife to join you and that you are interested in saving the marriage.
Later on this can be a strong ground that your wife has cruelly deprived you of marital life and co-habitation and intends to desert you which will strengthen your case a lot when you file for maintenance.
Also she would be refused maintenance as she is not willing to join the household on her own.
Later on this can be a strong ground that your wife has cruelly deprived you of marital life and co-habitation and intends to desert you which will strengthen your case a lot when you file for maintenance.
Also she would be refused maintenance as she is not willing to join the household on her own.
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Adv. Samyak Raj
Delhi | 500+ Answers
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