Divorce & rcr, which one should be decided first?

Guest (Querist) 14 June 2013 This query is : Resolved
Wife filed for divorce and husband for RCR. Then, if joint trial application is NOT filed, is there any rule that the RCR should be decided before deciding divorce petition?

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Adv Archana Deshmukh (Expert) 14 June 2013
There is no such rule.

Guest (Querist) 14 June 2013
Thanks Archana,

So, if rcr is decided first, will divorce petition automatically be closed and vice versa?

I just want to know if there is any chance for contradictory decrees? ie. RCR allowed on rcr petition and later Divorce granted on divorce petition.

How does the court avoid such complications?

Adv Archana Deshmukh (Expert) 14 June 2013
Nothing happens automatically. The divorce petition will run on its own merit. Ideally both cases shud be transferred in one court and tried together. However, if it does not happen then, the case that is decided first will have impact on the merit of the other case.

Nadeem Qureshi (Expert) 14 June 2013
nothing left to add, Adv. Archana rightly advise

Raj Kumar Makkad (Expert) 15 June 2013
Last decree shall prevail if the earlier has been brought to the knowledge of the court taking up that petition.

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