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(Guest)

Exparte rcr dv divorce

1. How useful is if a wife gets exparte in rcr from a high court while her husband has filed for divorce in another district court? 2. What if husband fails to accept the rcr? What is the next step she has to go for?


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 6 Replies

Kishor Mehta (CEO)     23 January 2019

Court may pass a judgment in RCR suit in favour of the petitioner, however it is useless as far as revival of marital life is concerned.

P. Venu (Advocate)     23 January 2019

Has the RCR been filed in the High Court or it just an appeal or revision? If so, what is the lower court decision?


(Guest)
Sir, rcr has been filed in high court and the wife got exparte as her husband failed to appear even after receiving the notice. But the husband has simultaneously filed for divorce in district subcourt and in the lower court two hearing got over with issue of service.The wife has filed for a transfer of that divorce petition to high court it's under process. Now what will be the effect of exparte in rcr over the whole case? How effective it will be for the wife?

(Guest)
Sir, rcr has been filed in high court and the wife got exparte as her husband failed to appear even after receiving the notice. But the husband has simultaneously filed for divorce in district subcourt and in the lower court two hearing got over with issue of service.The wife has filed for a transfer of that divorce petition to high court it's under process. Now what will be the effect of exparte in rcr over the whole case? How effective it will be for the wife?

(Guest)
Sir, rcr has been filed in high court and the wife got exparte as her husband failed to appear even after receiving the notice. But the husband has simultaneously filed for divorce in district subcourt and in the lower court one hearing got over with issue of service.The wife has filed for a transfer of that divorce petition to high court it's under process. Now what will be the effect of exparte in rcr over the whole case? How effective it will be for the wife?

Dr J C Vashista (Advocate)     24 January 2019

High Court has entertained petition and passed ex-parte decree for restitution of consugal rights of wife, is it your true statement ? Unbelievable and impossible in India.

Decree of RCR, even if passed, how to be executed ? Can the Court force husband to take his wife to his house ? Impossible.

Decree of divorce passed in favour of husband in another (district) court wherein the wife contested or not, you did not mention ?

What is the opinion and advise of lawyer engaged by your party ?

Hypothetical and academic exercise. 


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