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sandeep (pvt service)     06 February 2015

If divorce and rcr filed in same court with same judge

i would like to seek an answer to my constant dilemma, to which non have been able to answer with confidence and certainty..

in a situation, where the husband files for divorce and the wife files for RCR in the same court, what happens.

if the husband wins the divorce and wife wins RCR, what will be the outcome

if the husband looses the divorce and wife wins the RCR, what will be the outcome

if husband looses the divorce and wife looses RCR, then what happens?

also---------------------------------

if the same situation is filed in different court, then what happens?

husband wins divorce in one court, and wife wins RCR in another court, then who actually wins?

can judgement in one case, decide the decision of the judge in the other case, as both the cases contradict each other..

i asked a couple of lawyers about this, but no one is able to answer correctly according to the lawyer, they all had the 'maybe' word....so i thought that experts might solve my query. 

thanks very much



Learning

 10 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     06 February 2015

If husband ask for Divorse n u file RCR his Divorse petition will not survive

CompelledToLearnLaw (Financial Examiner)     06 February 2015

Deleted; will write more politely later.

sandykrish (Interested in Family LAW)     07 February 2015

Both are different cases, if wife has already filed for divorce, then you withdraw your RCR citing the above reason by the way of memo filed by your lawyer and defend your divorce case against merits, if wife don't prove the allegation then no divorce. No advocates are fools, Are you dumb to post such queries by citing lawyers name. Start asking questions correctly otherwise any seasoned lawyer will squeeze you properly in cross. Be a man

sandykrish (Interested in Family LAW)     07 February 2015

All imaginative query, academic in nature.

CompelledToLearnLaw (Financial Examiner)     07 February 2015

Originally posted by Adv-Jeevan Patil:

"If husband ask for Divorse n u file RCR his Divorse petition will not survive"

 

Learned Jeevan Patil ji, please let us know how RCR will kill a divorce suit filed on grounds of adultery, or cruelty, or where a spouse has changed his religion from Hinduism, or where a spouse has a mental illness? Even when the divorce suit is filed due to desertion, how does the filing of RCR kills the ongoing divorce suit?

fighting back (exec)     07 February 2015

if divorce is successful then it is end of marriage, and RCR wont survive in the other court, however it is skeptical that if a RCR survives, then divorce is difficult, 

agree to the author, the situation is tricky, but it is a grey area, depending on court to court. there is no established procedure,for these two contradictory cases

T. Kalaiselvan, Advocate (Advocate)     07 February 2015

First of all your query is purely academic in nature.

If both the cases are being tried by the same court, naturally both the cases will be held in joint trial, so a decision will be made on favoring only one case based on the merits of the case decided by the court to allow.

If both the cases are being tried at different courts, the advocates will certainly bring the same to the notice of the respective courts about the pendency of another case in another court and even may try to transfer the same to one court court itself.

Suppose there is a favorable decision (unlikely), in favor of both the parties at different courts, both have opportunities to prefer an appeal against each other aggrieved over the loss in other s cases.

1 Like

fighting back (exec)     07 February 2015

correctly advised by mr kalaiselvan......nothing can be added more on this

fighting back (exec)     07 February 2015

@adv patil........why would the RCR petition not survive, i dont see any logic in your answer. without a fair trial in the divorce case, why will it be dismissed.

sandeep (pvt service)     14 February 2015

 
@sandy krish: as per your reply below:
 
Both are different cases, if wife has already filed for divorce, then you withdraw your RCR citing the above reason by the way of memo filed by your lawyer and defend your divorce case against merits, if wife don't prove the allegation then no divorce. No advocates are fools, Are you dumb to post such queries by citing lawyers name. Start asking questions correctly otherwise any seasoned lawyer will squeeze you properly in cross. Be a man

where have i mentioned any advocates names, and why is my query looking 'dumb' to you? this is a natural situation arisen. no query is dumb...and i am not writing any film scriptt to imagine things...........and wife has filed RCR, not me.......i have filed for divorce..............

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