RCR Clarification Required
Querist :
Anonymous
(Querist) 15 December 2010
This query is : Resolved
Dear Advocates,
Pls help to clarify the below:
1. I filed RCR in Oct-10. However i havent heard anything from my wife's side yet. Is there any way to find if objections have been filed or not?
2. RCR hearing is scheduled for 04-Jan-11. What would happen if i dont hear anything from them till then? Can they file their objections on that day ? If so, what would happen on that day?
3. My wife and her parents have taken back their things after RCR was filed. Now i dont have any intentions of joining back. I asked my lawyer if we need to withdraw RCR and file a divorce petition. He has asked me to wait until RCR hearing. My concern is on the date of hearing, if my wife comes on a full surrender, will i be forced to take her back or do i have the liberty to say that i am no more interested to live with her?
4. If I state that i am not interested to live with her on the date of hearing, would the court question me as to why i havent withdrawn the RCR still?
Jayashree Hariharan
(Expert) 15 December 2010
1. whatever has to be heard, will be heard in the court. she will say in the court, either accept or file objections.
2. summons would have been sent. objection will be filed only on the hearing date. so dont be in a hurry.
3. you have the liberty to say that you are not interested anymore. you can also tell the judge that they took their belongings after u filed RCR. you can advance the case and withdraw the RCR. or file the divorce petition on the date of hearing. that would be easy for the case file to be identified.
Further, if your lawyer says so, he / she must have some reason. Pls find out.
4.s, of course. since your wife has already taken her things back, and you have also changed your mind. though the judge will not know when you changed your mind! so no probs.
All the best.
