Rcr not maintainable if filed after husbands divorce petition

Housewife

Husband filed divorce in Jaipur.I filed RCR u/s 9HMA from my parents home.Husband came and gave WS in this RCR case.I gave rejoinder.Issues formed.Now I have to give evidence in the RCR case filed by me on next date.Today opposition Lawyer has given application that my RCR petition is not maintainable because it is filed after husband filed divorce petition.Is this a law or just a tactic by his lawyer to delay matter and harass me.
 
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Bangalore

Originally posted by : estranged wife
Husband filed divorce in Jaipur.I filed RCR u/s 9HMA from my parents home.Husband came and gave WS in this RCR case.I gave rejoinder.Issues formed.Now I have to give evidence in the RCR case filed by me on next date.Today opposition Lawyer has given application that my RCR petition is not maintainable because it is filed after husband filed divorce petition.Is this a law or just a tactic by his lawyer to delay matter and harass me.

I have few questions for you before answering your query.

 

DO you have an advocate representing you in court of Law?

 

If yes, what is his or her opinion regarding the above?

 
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Housewife

yes I have a lawyer and he said that it depends on Judge so lets wait for his order but another lawyer from whom I took second opinion said there is no such law .so I am confused whom to believe and that's why I am searching for truth on this forum?

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Bangalore

Originally posted by : estranged wife
yes I have a lawyer and he said that it depends on Judge so lets wait for his order but another lawyer from whom I took second opinion said there is no such law .so I am confused whom to believe and that's why I am searching for truth on this forum?


What you guys do is panic. In state of panic you contact other advocates, come to online forums etc. First of all you are confused because of the cases and situation, you take ten different opinions which are of no use when you already have an advocate representing you, you will simply angry the advocate who is representing you. You need to trust your advocate 100%.

Relationship between advocate and client is fiduciary in nature.  Trust forms the basic part.  The advocate will always act in best interest of the client.  So trust him or her.

 

Dont seek second opinion.  If your advocate has  failed in his job, then comes the option of seeking second opnion.

 

Dont forget to read my advice on my profile page.

http://www.lawyersclubindia.com/profile.asp?member_id=84464

You are going in right direction.  Dont worry.

 
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Housewife

Thanks for replying.Please reply to my legal query as well.I am going to change my lawyer because other clients also dropped him due to his nature of collusion with opposite party lawyer.
 
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Bangalore

Originally posted by : estranged wife
Thanks for replying.Please reply to my legal query as well.I am going to change my lawyer because other clients also dropped him due to his nature of collusion with opposite party lawyer.
 

Many variables involved here.

Firstly You.

Secondly your Husband.

Thirdly your advocate.

Fourthly your husbands advocate.

Magistrate/judge.

Happenings of events while you both were together during subsistence of marriage.

Etc etc.

 

Courts have Judges who in India are demi-Gods.  Discretionary power vested in them makes them Gods.  They can ordre almost anything and give a perfect reason for doing so.  Appeal options are there but there too Judges are sitting.  So in short, lot of variables involved here.

 

So it cannot be concretly said as to what is correct and what is not.

You by the end of it will be forced to say this to yourself or might even get to hear from anyone of the above "What can anyone do if you both could not live properly with each other".

Maintenability of RCR after husband files diovrce petition is in hands of court.  Court how it sees this situation is left to its discretionary power.  On one hand your husband does not want you, so has filed divorce.  On the other hand you want to cohabit with him for blah blah reasons?  Which one holds water cant be said as I have not seen your papers where you have mentioned your story which states that inspite of husband not wanting you, you want to cohabit with him?

Tell me those reasons why you want to cohabit with your husband even after he has already told NO to you.  Then perhaps I can suggest what view might court take of this.

 

Eitherways if he does not want you, what point in telling I want to cohabit with You?  Thats sure is a senseless statement.  IF you seek alimony which u sure will, will again go against you.  If you dont going and living with him why seek alimony from him?


Adjustment is key factor.  If you could not adjust with this one, you will never adjust with anyone would be my opinion.

 

But nothing cant be said in concrete.  Lot of variables are involved here dear.

So what I suggest is, dont change lawyer.  Wait for final verdict, if you need to go for appeal, then think of changing lawyer.  Not now.

 
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Bangalore

One thing I forgot to mention. Alimony or no alimony, divorce is gauranteed by your action. All the best.

 
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Housewife

Sincere Thanks for a practical and logical reply which kind of clears the Judicial proceedings. I have objection with your statement "If you could not adjust with this one ....".You dont know the facts yet you judged me which makes you kind of s*xist.

Your statement that Divorce is guaranteed by your actions made me smile..my actions???I file RCR that becomes a crime and guarantees Divorce... But still you have indeed been a "helping hand"...thanks for making me smile at the start of day..best wishes

 
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Did you recieve the notice from the court and no legal notice issued before that?

 

What is his claim for divorce?

 

So if he has filed divorce in different city and has accepted same in WS to your RCR, why didn't your lawyer asking him to file the same case in your aprents city and not Jaipur.

 

Court has to make sure all reasons are exhausted before divorce decree is issued based on fault theory. Marriage is sacrosant and court respects the same.

 

You should fight RCR.

 

Time to change the lawyer,.


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don't worry. your RCR application is maintainable. if u need some more discussion you can call me on 9414292382 between 6 p.m.  to  p.m.


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