Srimatiji has decided to file RCR.
The petition has been filled about 10 days back( in Sept 2011). In the cause of action she has mentioned that when all efforts to reconciliation failed in May 11 this petition is being filled.
There was no effort for reconciliation in May 11. There were some efforts in Feb 11 without any success. So after passage of 6 months does she has valid cause of action?
Can cause of action be challenged in written response?
niranjan (civil practice) 13 September 2011
No because cause of action is based on facts.Only if cause of action is not mentioned in the plaint,then it can be challenged but not otherwise.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 September 2011
:-) The marriage is not working, you both are not staying together, cause of action has arisen.
Whether it arose 6 months back or 6 years back. It is maintainable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
shrinivasg Advocate. (N) 15 September 2011
In RCR mention of cause of action and fact of due efforts in continuation of the same required. Even one sms is sufficient. by other party.there is no time limit.
Member Strength 9,47,682 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
