What will be justice ?

Querist : Anonymous (Querist) 10 June 2010 This query is : Resolved
Husband initiates divorce proceedings by sending a legal notice for divorce.

Wife sends a reply to that notice that she is willing to live with him. She also filed an application for Restitution of Conjugal rights and obtained an order of exparte.

on receiving the reply notice, husband filed petition for divorce and obtained divorce and got it exparte.

Both are in different Courts but on same day.

Which is valid?

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adv. rajeev ( rajoo ) (Expert) 11 June 2010
when wife is willing to live with the husband and got RCR order why she didn't appear in the divorce case, it is her fault.RCR is non executable order.

Virender Pankaj (Expert) 11 June 2010
Once the divorce has been taken place between husband and wife by virtue of decree of divorce the question of RCR does not arise. The ex-parte decree of divorce is valid. However the wife has option to file an application under order 9 rule 13 for setting aside Ex-parte decree.

B K Raghavendra Rao (Expert) 11 June 2010
Wife has the option to challenge the ex-parte order of divorce. This seems to be a hypothetical question and not a real one.

M/s. Y-not legal services (Expert) 10 September 2010
Just clear one thing, that the husband served his notice for his case in proper way.. Because so many cases the notice served by improper way.. The wife may be without knowledged about the divorce case. Otherwise she wil be filed her rcr petition before the same court where is the divorce case is pending.

M/s. Y-not legal services (Expert) 10 September 2010
How ever no one can argue as that rcr exparte order is invalid.. Because here both are committed same mistake.. The husband also proper person mean he may filed his counter petition for the rcr petition..