Daffodils ( ) 30 June 2012

Rcrr exparte

Dear experts

I filed for rcrr and my wife didn't appear in the court but filed counter through advocate. The court ordered exparte.

Now I've filed for divorce and she didn't appear in the court. Now she has filed a petition seeking set aside of exparte of rcrr.

I feel they want to drag the case. Is it possible for me to withdraw the RCR now at this stage. My div petition has reached final stage for exparte and i feel there is no sense for the RCR now. Please help me on this situation. Thank You in advance

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 June 2012

Oppose the ex parte as it RCR has already became infructous. If the decree at all is set aside - then you are at liberty to withdraw it.

1 Like

Daffodils ( ) 01 July 2012

Dear Bharat Sir

Thank you for your time and reply.

From your reply I understand that I can withdraw rcr petition which I ve filed even after it is set exparte right? How should I file petition. Thank you in advance for your inputs.

Daffodils ( ) 01 July 2012

Dear experts

Kindly help me with your valuable inputs. should I file a petition to withdraw the rcr or fight against the set aside petition from the opposite side.

Thank you all in advance

(Guest)

Let her first try her best and waste her money/energy to get it set aside. You can withdraw it at any time.

Daffodils ( ) 01 July 2012

Dear Kadushman,

Thank you for your reply. Can you tell me how should I file petition to withdraw the rcr? Under what section should I file? If possible please help me providing some format.

Thank you