Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

After i file rcr wife want separation

After I File RCR wife want Legal Separation but I don't. She not attend 1st court hearing even no person attend from her side.
What is the next step ?



Learning

 12 Replies

ashoksrivastava (scientist)     09 January 2014

Originally posted by : Jiban Rana


After I File RCR wife want Legal Separation but I don't. She not attend 1st court hearing even no person attend from her side.
What is the next step ?

Has she filed a petition for judicial seperation?


(Guest)

Yes, she has filed a petition for judicial seperation.

ashoksrivastava (scientist)     09 January 2014

 

Originally posted by : Jiban Rana


Yes, she has filed a petition for judicial seperation.

Which case was filed earlier in time sec9 or 10?

ashoksrivastava (scientist)     09 January 2014

Are the two courts  in different states?

Adv k . mahesh (advocate)     09 January 2014

why different states


(Guest)

case sec9 was filed by Husband earlier in time.

two courts  in same state.

ashoksrivastava (scientist)     09 January 2014

Originally posted by : Jiban Rana


case sec9 was filed by Husband earlier in time.

two courts  in same state.

 You can apply for stay on HMA sec 10 case in the court in which it is filed, under CPC  sec 10.

But since both courts are in same state she can easily get  your sec 9 case transferred to the court where she has filed sec 10 HMA case

through state HC.Earlier such transfers were not easy as HMA does not talk of transfer in context of sec 9 vs sec 10.

But after SC judgement in

"Guda Vijayalakshmi vs Guda Ramchandra Sekhara Sastry on 13 March, 1981",

 HC's  are transferring such cases for consolidated hearing.Here wifes are given preferential treatment.

regards ASHOK

  


(Guest)

For this ground can I get RCR to my favour 

ashoksrivastava (scientist)     09 January 2014

Originally posted by : Jiban Rana


For this ground can I get RCR to my favour 

No RCR will depend on whether she is able to prove or not that "she had

valid reasons to withdraw from your society"

My personal advice is that RCR is a useless and often counter productive tool against unwilling wife.

If mediation and reconciliation efforts fail then do not burden yourself with extra litigation

regards ASHOK

 


(Guest)

Do I need to cancel the RCR and wait 1 year after legal separation then file for Divorce ?

great india (manager)     09 January 2014

if she filed a seperation...ley her go along with her decree. 1.you let your case be expartied. 2. wait for some time...she might bombard with a dv/125/24hma/498 either or all..... 3. if you get exparty sec 9. keep a copy in hand and attach in all cases , if not defend her maintenance by mentioning willingness to cohabit. 4. no court can force unwilling spouses to stay together but your mcd amount in long term would be negotiable......gdluk..

ashoksrivastava (scientist)     10 January 2014

 

Originally posted by : Jiban Rana


Do I need to cancel the RCR and wait 1 year after legal separation then file for Divorce ?

Has the notice been properly served /(received) in both sec9 and sec 10 case?

Also have you  exhausted all reconciliation possibilities?

 

 


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