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498aVictim (sdfasf)     07 December 2016

After divorce decree, how to dismiss rcr?

Dear members,

i have own contested divorce 9 months before. key point - wife has appeared received divorce summons, appeared in court and filed vakkalath, but did not file objection and never returned. I have pursued the case and obtained divorce decree. No appeal is pending against the decree.

Now, came to know, wife has filed RCR case after appearing in divorce case and in final stages of exparte. I am planning to appear in the court and stop ex-parte.

questions:

1. can the RCR case be dimissed on the basis of Divorce decree?

2. will the judge force me to run full trial of RCR, regardless of divorce decree?

3. In other words, how the RCR case will be handled by court?

Thanks everyone.

498aVictim

 



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 5 Replies

adv.bharat @ PUNE (Lawyer)     07 December 2016

1) YES

2) NO

3) NO

adv.bharat @ PUNE (Lawyer)     07 December 2016

1) YES

2) NO

3) NO

sai narayana   07 December 2016

Just attach your divorce judgment copy in counter to RCR. Thereafter no need to attend. 


(Guest)
Originally posted by : 498aVictim

Dear members,

i have own contested divorce 9 months before. key point - wife has appeared received divorce summons, appeared in court and filed vakkalath, but did not file objection and never returned. I have pursued the case and obtained divorce decree. No appeal is pending against the decree.

Now, came to know, wife has filed RCR case after appearing in divorce case and in final stages of exparte. I am planning to appear in the court and stop ex-parte.

questions:

1. can the RCR case be dimissed on the basis of Divorce decree?
RCR case technically will be disposed off as favoiuring the wife as you already got the divorce decree.  However, for non complaiance of RCR decree court may attach your property and sell it by way of auction and give the proceeds to the wife.


2. will the judge force me to run full trial of RCR, regardless of divorce decree?
Nobody will force anything, its your wish to attend the case, if you attend or not, RCR will go in favour of your wife. But file your divorce decree copy to the RCR court.


3. In other words, how the RCR case will be handled by court?
RCR case will be handled on basis of merit.  As I told as court 1 has already given you divorce, court 2 ie RCR court will favour the wife and grant RCR decree to her.


Thanks everyone.

498aVictim

 

 

498aVictim (sdfasf)     09 December 2016

Thanks everyone for your suggestions.

I have appeared in RCR case on last day, when case was pending for exparte evidence, and my lawyer has filed "Order 9 Rule 7 petition". Exparte proceedings have been stopped. RCR Counter will be filed on next hearing next week. It has been mentioned in counter divorce decree is obtained.

RCR lawyer seems to be interested in running the case for next 6 months or more. So, how do i get this RCR dismissed at the earliest based on the divorce decree? can i go to High court? Kindly suggest. thanks for your help and guidance always.

Thanks.


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