Wife filed for divorce and husband for RCR. Then, if joint trial application is NOT filed, is there any rule that the RCR should be decided before deciding divorce petition?
|Originally posted by : Adv Archana|
There is no such rule.
So, if rcr is decided first, will divorce petition automatically be closed and vice versa?
I just want to know if there is any chance for contradictory decrees? ie. RCR allowed on rcr petition and later Divorce granted on divorce petition.
How does the court avoid such complications?
Adv Archana Deshmukh (Practicing Advocate) 14 June 2013
Nothing happens automatically. The divorce petition will run on its own merit. Ideally both cases shud be transferred in one court and tried together. However, if it does not happen then, the case that is decided first will have impact on the merit of the other case.