RCR after Divorce! Is it possible?

john (Querist) 03 November 2009 This query is : Resolved
Dear experts,
My friend got divorce in lower court after 1year judicial separation. He is paying monthly maintenance.The wife side went for appeal. The case is pending in fast track court for 6 months. In the mean time now wife filed RCR. Is it possible to file such a case? What can we do to get divorce quickly? Please help!

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Adv. Biju Gopal (Expert) 03 November 2009
Dear John,

You have not disclosed all the matters. The appeal against the divorce order is filed before the High Court. Hence please get help of your Lawyer at H.C. to speedy disposal of the case. Once Divorce is granted. So there is no scope for a case for R.C.R. Just produce the Divorce Order before that Court.

Adv. Biju Gopal
www.familylawyers.in

Adv Archana Deshmukh (Expert) 03 November 2009
RCR cannot be filed once divorce is granted. The wife may go in appeal to set aside the decree, but no question of any RCR. As suggested by Adv. Biju Gopal, just produce the divorce decree before the court.

Kiran Kumar (Expert) 03 November 2009
i agree with Archana Ji, no such petition of RCR is now maintainable at this stage.

let the Appeal be decided in HC, if it goes in husband's favour then the divorce is confirmed.

if it goes in wife's favour then the Conjugal Rights are automatically restored.

Sachin Bhatia (Expert) 03 November 2009
RCR cannot be filed once divorce is granted. Let the appeal be dedided first.

Raj Kumar Makkad (Expert) 03 November 2009
No scope for RCR at this stage. Appeal can be got decided by praying to dispose off efficaciously.

adv. rajeev ( rajoo ) (Expert) 04 November 2009
at this state RCR is not maintainable.

MANISH (Expert) 05 November 2009
Dear friend,
The case for RCR is not at all maintainable. You may produce such decree of divorce in Fast track court, the other party will produce documents for appeal, then the Court itself shall stay the suit, till the appeal of divorce is decided.

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