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Rajeev Nath (Trainee)     27 April 2013

Withdraw rcr completely before filing for divorce ?

Does rcr needs to be withdrawn at the family court before i file for divorce? Its not like I don't want to withdraw RCR...just so happened tht the opposite party had obtained a stay on lower court proceedings with a transfer petition at high court. 
 I mean sooner or later RCR will be withdrawn, so its not like I am deliberately playing two sides



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 4 Replies

ashoksrivastava (scientist)     27 April 2013

RCR and divorce petitions are mutually destructive. so you can't be requesting courts for opposite reliefs at the same time. You need to withdraw rcr and then file divorce petition. regards ASHOK

Rajeev Nath (Trainee)     27 April 2013

I am aware that these two are opposite things. I'm just referring to my peculiar position. Its not easy for me to come back here. The RCR will be withdrawn sooner or later once the cclerical error is fixed. So can i still go ahead with divorce petition ?

Tajobsindia (Senior Partner )     28 April 2013

1. In one of the para clarify the position in brief.
2. Yes you can file Divorce suit matter while clerical error is being fixed. it is not that such is not the case and no perjury or changing some kind of wrong into right are being mislead by you if position as hinted in para 1 is inserted in Divorce matter.

1 Like

Rajeev Nath (Trainee)     28 April 2013

Thank you Tajobsindia  ! Logical and legally valid at the same time :)


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