Legal Question in Family Law in India

Reg. withdrawl of RCR

Marriage occured on Dec. 2007. Wife left matrimonial home after few days stay, she denied to come back and filed 498a.

As advised by friends, RCR under section 9 was filed in district court. Wife in turn file for maintenance under section 24 in her reply to this petition by husband. So far proceeding is going in court and no decision has been given by court.

Now as one year to marriage has been elapsed so local lawyer had advised to withdraw RCR and file divorce petition on ground of mental cruelty(to get seprated in fast way). My question are as :-

(i) If we withdraw RCR case Then will ''maintenance case filed by wife under section 24 and in reply to RCR'' will automatically be quashed ?

(ii) Can we file divorce case before the withdrawn of RCR i.e. RCR not to be withdrawn till 1st hearing of divorce petition.


Asked on 12/01/08, 5:30 am

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Reg. withdrawl of RCR

1)Both are different proceedings and has nothing to do with one another

2)Better withdraw RCR first.

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Answered on 12/02/08, 8:29 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Reg. withdrawl of RCR

i dont suggest you to withdraw your RCR and you must continue with it. the moment you withdraw your RCR, an adverse inference would be drawn against you. let the RCR be decided in your favour and it would give a cause of action for divorce.

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Answered on 12/01/08, 7:11 am
Nasir Butt Nasir Law Associates

Re: Reg. withdrawl of RCR

Withdrawal of Petition for conjugal rights may be fatal at this stage. Concentrate on this petition and resist maintenance petition.

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Answered on 12/01/08, 7:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Reg. withdrawl of RCR

(1) No. She may still continue getting maintenance under DVA.

(2) No. You may not file divorce unless you have withdrawn RCR case.

The facts and circumstances mentioned by you are not complete for recoding an appropriate opinion. However, it appears that you are in a hurry to seek divorce which is likely to happen. Instead, you may consider trying to settle the matter amicably with the intervention of common friends/relatives.

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Answered on 12/01/08, 7:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Reg. withdrawl of RCR

(1) No.

(2) No.

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Answered on 12/19/08, 3:23 am


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