Rcr case
T. Saranvelu
(Querist) 29 May 2013
This query is : Resolved
Sir,
We have filed divorce case 2009 and given exparte judgement and later case was opened after 7 months of exparte. After opening of case, after three months, she filed Restitution of conjugal rights case against me in the court. Now the both cases are in trial. Whether it (RCR case) is valid or not because it is filed after 22 month of divorce case. Kindly give the citation or judgements related to the questions.
Devajyoti Barman
(Expert) 29 May 2013
The RCR case is very much and both the cases would run analogously.
Raj Kumar Makkad
(Expert) 29 May 2013
This is not the proper stage to go to judge the legality of the subsequent petition. You have not mentioned whether the ex-parte decree has been set aside or not.
If the same has been set aside then the relationship of husband and wife has been alive and in that situation petition under section 9 is duly maintainable otherwise it is not....
