Can rcr be filed even before countering a cruelty divorce petition

Kumar (Querist) 28 June 2014 This query is : Resolved
Can a restitution of conjugal rights
be filed even before responding to a
section 13 cruelty divorce case?

In this case husband filed divorce
petition on cruelty grounds.
Counseling failed. Instead of
responding with counter on the same
case, wife filed restitution of
conjugal rights petition. Is this
case maintainable? Can the husband
oppose filing RCR until
Section13 case is brought to trial?

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Devajyoti Barman (Expert) 28 June 2014
Yes, there is no impediment to file RCR even before filing WS.
nO, RATHER HUSBAND SHOULD TRY FOR ANALOGOUS HEARING OF BOTH SUITS BY WAY OF CONSOLIDATION OF SUITS.

Kumar (Querist) 28 June 2014
Thank you Sir, But is mandatory that both cases be requested for consolidation only during trial?

That is counseling happen independently for both cases & counters are also filed. Only then can we ask for consolidation?