Stay petition to stop rcr proceedings
anantha madhav
(Querist) 06 December 2011
This query is : Resolved
Facts:
Dear forum,
Hub filed RCR in lower court during pendency of divorce suit filed by wife.
Furhter, Wife got ex parte divorce.
Hub:Filed set aside petion with condone delay in High Court.
RCR proceedings in lower court are runing and the Divorce suit in High Court is pending.
Query:
In the view of above, can Hub file stay petition to stop RCR proceedings till the Divorce suit is disposed which is pending in the High Court.
Advices please
Devajyoti Barman
(Expert) 06 December 2011
Do you mean to say husband or the wife?
Since the RCR is filed by the husband why should he pray for Stay?
However he can always make such prayer.
prabhakar singh
(Expert) 06 December 2011
There is no point in seeking stay of petition by the petitioner unless wife is served and has putin her appearance.
Nadeem Qureshi
(Expert) 06 December 2011
I am also agree with Mr. Prabhakar & Mr. Burman
Rajeev Kumar
(Expert) 06 December 2011
I also agree with Barman and Prabhakar sir
Raj Kumar Makkad
(Expert) 06 December 2011
Husband should not seek stay over his petition rather should get the petition decided as soon as possible as this shall strengthen his case pending before high court. This should be the endeavour of the wife to get the RCR petition stayed till the finalization of the pending matter before high court.
J K Agrawal
(Expert) 08 December 2011
With due respect to all the experts I would like to say some what differ.
It is not advisable to carry on or press RCR petition by keeping the Court in dark about exparte decided divorce. Rather it is misconduct.
The proper way is to merge both the cases and it is sound plea before the HIGH Court it self that the Husband is with clean hands for justice.
Hsb should file an application before the Court where RCR petition is pending stating all the circumstance and should pray for an stay and seek adjournment until the decision of High Court.
If the High Court sets aside the Ex parte decree, He can (or to say had to) move an application to merge both the cases.
If order of the HC is adverse tor hsb the RCR stands infructuous and is of no use.
