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Kishore Malhotra (Govt Job)     05 March 2014

Conversion of rcr to divorce

Dear Experts,

 

Petitioner filed RCR petition against her wife who deserted with kids four months back after seven years of her marriage. Two hearing has taken place so far. On first hearing she appeared before the court and tooknext date. On next date of hearing her lawyer appeared, but did not file the counter reply to the petition and took another hearing. Howeever,  respondent filed petition of maintenance and legal expenses snce the date of her desertion.

i) Please advice whether I can convert my RCR to Divorce at this stage...?

ii) If RCR is possible when wife filed petition for maintenance ?

 

in anticipation of early reply


 



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 March 2014

you cannot convert RCR in to divorce petition.  You have to withdraw the same and file a fresh divorce petition.

Gautam Kapoor (IT professional Studying Law)     05 March 2014

@Kishore -

In your MC counter mention that RCR case is still going on.

Depending upon the end status of RCR you can contemplate divorce taking RCR as the base.


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