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anjali gupta (Medical Officer)     01 May 2012

Rcr lost without single hearing

i have a very odd problem. the thing is i had applied for a divorce and 498 against my husband in 2008 july. and the hearings are still in process. but yesterday i recieved a letter saying that my husband had applied for RCR in aug 2009, where as i did not get any summon for the same. and suddenly yesterday i got a letter saying that i have lost the rcr case ... now i want legal advice on how to tackle this.

firstly i have never recieved any information on rcr case till yesterday

secondly is my husband even allowed to apply for rcr after 1 year of cases running already on 498 and divorce. kindly advice what can i do.

thirdly will this affect any of the older cases?

i dont want to go back. he has always physically abused me and in fact my son is with me  and he never cares for us he just wants to harres me.

thanks in advance


 10 Replies

sayan maitra (advocate)     02 May 2012

Agree wit mr.ashish
1 Like

sri (ceo)     02 May 2012

go dance your way to divorce...

1 Like

Adv. Chandrasekhar (Advocate)     02 May 2012

Ms. Anjali Gupta,

Do not waste even a single minute.  You can apply to set aside the ex-parte RCR decree within 30 days from the date of your knowledge, in the same court where he obtained the RCR decree. You can also go for an appeal within 90 days in the hon'ble High Court, but the better option is the first one I suggested to you.  For that, engage an advocate immediately and go along with him immediately in the court and move an application for inspection of file.  Obtain the day to day orders and also copy of the RCR decree.  Then immediately, within two to three days move an application to set aside ex-parte proceedings and ex-parte decree.  After your showing sufficient reason, the court will not hesitatate to set aside the ex-parte RCR decree.  If you do not take these steps, the husband will be entitled to divorce decree just one year after passing of the RCR decree.  You will also be not entitled to any maintenance in such circumstances.

Hence, get up and act as suggested.

wish you best of luck.

1 Like

Anjuru Chandra Sekhar (Advocate )     02 May 2012

@Adv.Chandu.  "If you do not take these steps, the husband will be entitled to divorce decree just one year after passing of the RCR decree.  You will also be not entitled to any maintenance in such circumstances."


I think as she has already filed a divorce petition, he cannot file another divorce petition in the court which gave RCR in his favor because he has to give a declaration to the effect that no other proceeding of of like nature is pending in any other court. 


Is it possible that when a divorce petition is pending the husband file for RCR in another court knowing fully well that divorce petition is pending?  He can seek RCR in the counter he filed in Divorce petition?  Ofcourse if he filed RCR earlier than she filed Divorce petition then as there is no information for her about RCR there is valid reason for her to file Divorce petition. 

1 Like

Adv. Chandrasekhar (Advocate)     02 May 2012


I overlooked the fact that she applied for divorce.  Thanks for correcting me.  I withdraw my legal advice and I endorse Mr. Asish's advice.

1 Like

Vijay Kumar (Supply and Distribution Management)     02 May 2012

your case like people ignoring court orders with different different reasons like you changed the address after this matter or summon holder failed to reach with you and RCR was approved without our presence.

any way just appear with court through advocate.

the only disadvantage is you will not be able to get maintenance charges if not appear before court timely.

1 Like

anjali gupta (Medical Officer)     02 May 2012

thanks for your valuable advice...

will this affect maintenance of my child..... at present family court has ordered for a small maintenance.... (which although he has not given till now for past 1 year).... so again will this RCR affect that.?


and i ll again just clear the scenario..:

i applied for divorce in 2008 july, 498 in 2008 july and then he applied for RCR in 2009 june in another state.... i have not changed my maternal address since i left him in early 2007.and rcr was passed in his favour in feb 2012. i have never recieved any communication regarding this earlier to two days back with final court decision. (so >60 days have passed since the ruling of RCR whereas i was not informed about this at all since 2009).

Vijay Kumar (Supply and Distribution Management)     03 May 2012


Reason of RCR filing by Husband : He  is trying to avoid from Maintenance charges.

You have to prove that you have not got any court notice about RCR. i think wrong address was given by your Him to court during RCR, that may be only reason you have not got any notice or if address was ok need to check the reason submitted with court for non delivery of notice / ex party.

Have you filed any maintenance charges case (if not filed pls file imm. and i am sure you will get MC since day one of your case.

As per my advise you had to file the Maintenance Charges case first. (before divorce case) any way you can get MC but these chages will be applicable from current period only, if you had filed case of MC with divorce case than you were allowed to get the MC since July 2008 (You lost MC around 4 yrs)

Anjuru Chandra Sekhar (Advocate )     03 May 2012

If he had filed any counter in Divorce petition that you have filed, or you or your advocate have any proof that he had received summons in the case of Divorce petition you have filed that means it is in his knowledge that you have filed Divorce petition. In such case he has given wrong declaration to the court where he filed RCR in June 2009 that there is no other case pending on same cause of action in any other court.  You have to move the court where he got RCR and pray for suitable punishment for giving wrong declaration and also to declare the decree in RCR invalid for the reason that in the first place the court that granted RCR should not have taken his case on file at all.

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