Desertion and cruelty divorce case filed on wife,how RCR helps
5 months ago
After 15 years of marriage,husband filed divorce case on wife on desrtion and cruelty ground for 3years,as wife is in Government job in another city.Couple have no children.Husband intentionally ,on the words of in- laws blocked her number and stayed away to complete desertion time period of 2 years from 2021 to 2023,though wife wants to continue life with him.Is divorce granted to husband,since there are no proofs of cohabitation of both under same roof for 2 years?wife files RCR does it help?
A.Dear Client
Even if the husband has filed the divorce case on the ground of desertion the court is going to figure out whether actually there is desertion or not. In your case you are residing in another city due to your job and you have not runaway from the home so considering that as desertion will be way too much.
Yes filing of RCR by the wife will certainly help as that will nullify the logic of desertion raised by the husband
Even if the husband has filed the divorce case on the ground of desertion the court is going to figure out whether actually there is desertion or not. In your case you are residing in another city due to your job and you have not runaway from the home so considering that as desertion will be way too much.
Yes filing of RCR by the wife will certainly help as that will nullify the logic of desertion raised by the husband
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A.Dear client
In India, divorce can be sought on various grounds, including desertion and cruelty. If the husband has filed for divorce on the grounds of desertion and cruelty, it will be up to the court to examine the evidence presented and make a decision based on the facts of the case. Desertion generally refers to the abandonment of one spouse by the other without reasonable cause and without the consent or against the wish of the abandoned spouse. If the wife has evidence to prove that she did not willingly abandon the marital home and that the husband intentionally blocked her contact, it could be a relevant factor for the court to consider. If the wife wishes to contest the divorce and wants to continue the marriage, she may consider filing a response to the divorce petition. Additionally, filing a petition under the Restitution of Conjugal Rights (RCR) is an option. RCR is a legal remedy where one spouse asks the court to order the other to resume marital cohabitation. However, it's important to note that the effectiveness of RCR orders can vary, and the court will consider the circumstances of each case.
In India, divorce can be sought on various grounds, including desertion and cruelty. If the husband has filed for divorce on the grounds of desertion and cruelty, it will be up to the court to examine the evidence presented and make a decision based on the facts of the case. Desertion generally refers to the abandonment of one spouse by the other without reasonable cause and without the consent or against the wish of the abandoned spouse. If the wife has evidence to prove that she did not willingly abandon the marital home and that the husband intentionally blocked her contact, it could be a relevant factor for the court to consider. If the wife wishes to contest the divorce and wants to continue the marriage, she may consider filing a response to the divorce petition. Additionally, filing a petition under the Restitution of Conjugal Rights (RCR) is an option. RCR is a legal remedy where one spouse asks the court to order the other to resume marital cohabitation. However, it's important to note that the effectiveness of RCR orders can vary, and the court will consider the circumstances of each case.
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