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498aVictim (sdfasf)     13 December 2016

Dismissing rcr - lower court or high court?

Dear Members,

How do i get RCR dismissed at the earliest based on the divorce decree? Can i go to High court or request lower court judge? RCR case is filed by ex-wife in sub-court. 

Thanks for your help and guidance!



Learning

 15 Replies

sai narayana   13 December 2016

Is the appeal time i.e. 90 days from the date of Your Divorce case is over?. If yes, then go the court in which RCR case is running and submit your reply (Counter) duly enclosing the certified copy of your divorce decree. That's it. You need not do anything and you need not worry also and you can happily remarry. If you are remarried after the expiry of appeal time, the only thing the ex-wife can do at the most is claiming Alimony.

1 Like

498aVictim (sdfasf)     13 December 2016

thank you sir. yes, we have prepared counter by attaching decree details, but lawyer is delaying filing of counter, not sure about the reason.

498aVictim (sdfasf)     13 December 2016

yes sir, it is 9 months since I got divorce decree and no appeal pending against the decree.

sai narayana   13 December 2016

It's the general tendency of the lawyer to do contrary to what the counter party do. Anyway you have hired the lawyer, let him do in the way he desires to as you are not going to lose here. In between try to get remarry. If they goes for appeal also they can do nothing.

1 Like

498aVictim (sdfasf)     13 December 2016

thank you for your kind words, sir.

true, second marriage will protect me from ex-wfie. but, i am afraid of getting struck with another woman in life, so not getting married. my lawyer is suggesting to get a "sanyasi" certificate from an established institutes like iskan. will that help, sir? thanks.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 December 2016

Sanyasi certificate ?  It must be impotency certificate from a registered practiced doctor. 

498aVictim (sdfasf)     21 March 2017

Dear Sir/Members - is it possible for me to go to high court to dismiss the RCR based on divorce decree? what would be the approach section to be used? if possible, i would like to apply as party-in-person. kindly advise. thanks for your help as always. 

sai narayana   21 March 2017

It seems that yours is an Ex-parte Divorce decree obtained by managing summons. Correct me, if I am wrong.

498aVictim (sdfasf)     21 March 2017

Partially sir. She has received summons and participated in court proceedings. After filing 498a she was not bothered about divorce case, and I got decree on merits by conducting case for another 14 months.

498aVictim (sdfasf)     21 March 2017

She knows divorce decree is done six months before, as I opened dialogue for settlement, but not filed appeal so far. She is occupied my mother's house.

498aVictim (sdfasf)     06 April 2017

Dear Sir/Members - Any thoughts on this please? is it possible to go to high court to dismiss the RCR based on divorce decree?  should i file any affidavit in RCR case? kindly advise. thanks for your help as always. 

sai narayana   06 April 2017

In the Court in RCR case proceedings are running, file a memo supported by affidavit duly stating your version attached with a certified copy of your divorce decree. Take one additional set and serve that to your opponent's advocate and obtain his acknowledgment on original set and then only submit that original set in the court. Then, file an application for obtaining certified copy of the memo which you just filed in the court, for your record purpose.

If your divorce is not ex-parte, your case will be strong.

1 Like

498aVictim (sdfasf)     06 April 2017

thanks for your kind response sir. the terms look different, but i think same was done. counter was filed along with certified copy of decree, and last page has opposite lawyer's signature "received copy".

should we file separate affidavit sir, with the decree alone?

my critical concern is nothing has moved last 5 months in the case. just keep getting posted for lok-adalath or enquiry. also found out, my lawyer has not actually appeared in court after counter filing. when i asked about this my lawyer stopped picking up my calls. his kids are answering the phone last one month! i have paid him fees he has asked.

so, how to proceed has become big question? kindly advise. thanks.

sai narayana   06 April 2017

Just keep cool, You had done your part. No need to file separate affidavit/memo as you had already filed the counter with the same.

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