Rcr after divorce - to appear in lok adalath or not?

I would appreaciate if you would let me know in which court the case is and who is the judge who ordered this.

When court has already granted you the divorvce and you have informed the court about the same the proceeding of RCR is not legally valid . If you wish to go to Lok adalat its ok , if you not go even then it doesn't matter.

Hello if you recieved divorce decree than  why you file for RCR and lok adalat not understand

sir, i sent you a pm.

Originally posted by : Sachin
	When court has already granted you the divorvce and you have informed the court about the same the proceeding of RCR is not legally valid . If you wish to go to Lok adalat its ok , if you not go even then it doesn't matter.

Sure sir, same opinion was provided by multiple experts. In this stressed time, i wish to have continued trust in my lawyer, but only possibility for this situation is, my lawyer may not have actually filed the counter with divorce decree. because, he has not provided certified copies of the case documents even after 2 months. Will high court admit my petition to hear this case?

Originally posted by : Mukesh sharma
	Hello if you recieved divorce decree than  why you file for RCR and lok adalat not understand

Divorce was filed by me. RCR was filed by wife.

Originally posted by : Ramesh Singh
	It assume that you got exparte divorce, it can be challenge in HC even though appeal period is over, limitation act is depend on circumstantial evidence in case of exparte order. Don't want to comment but lok adalat act as a fish market, if you have ability to bargain then judgement favors you and your case dispose at once. Let us allow to know what's you stand!

She has stopped attending the court, but i pursued the divorce case for 2 years. I am afraid to take lok adalat route for settlement/bargain, as there is no appeal can be done on lok adalat judgements. could you elaborate on lok-adalat process please?

Looks like only another marriage will save me from the judicial system. :(

Thats what, judge is reffering you to Lok Adalat so that you do settlement with your wife for the other cases that are pending on you ie the four ninety eight a case.  RCR case has no connection when appeal period is over for divorce case.  Going by limitation act there is chance that if divorce is granted exparte, high court will still take the application of your wife and send the matter back to lower court and breathe life into your marriage again..

Then your only option will be to go for settlement as four ninety eight a case is still hanging on your head.

 

But she has not gone for appeal also, so ball is in your court.  Better settle the matter or else you cant remarry without getting out of this headache.

Dear Quriest,

I don't see any reason for you to going to Lok adalat but if you want to settle any maintenance issue  than you should go and bargain. Mr Ramesh Singh rightly said that HC can hear appeal by condoning the delay in filing the appeal but you can stop this by remarrying other women before your ex files any appeal . If you remarry the HC will not use its powers of condoning the delay.

 

It seems to like canteen of court or you are missing your lawyer friends that why after getting divorce you want to roam court. Anyways,You have already get divorce ,why you want to roam courts and waste time& money. No need to attend lok adalat. When case comes in court you should once informed judge and show him your divorce decree is enough. After divorce You can move forward in your life. Let her roam court if she want.

thanks everyone for your kind words and suggestions. As guessed, my lawyer has not infomred the court about divorce decree. In his own words "dont remember if junior has informed the judge about decree, but i told your mother-in-law that divorce is already obtained". Now, he has brought back the case from lok-adalat, to regular court, and posted for enquiry after 6 weeks.

so, it is clear, he has created ample time for exwife to come to family court and file order 9 rule 13 to setaside the divorce decree. Kindly let me know your thoughts what options i have got now.

1.Will the court entertain her petition to set aside the decree? please note that she has written in RCR that she is aware of divorce case filed in family court but trying to transfer the case, but never applied one.

2.Better to get marry again? i hate to do so....

3.any other thoughts...please..

thanks again.