Divorce Case Divorce Case

2 years ago

My husband has filed divorce claiming adultery in Feb 2018 and he was given 8 opportunities to provide evidence and after that courts were closed due to Carona and 20 dates were given as courts were not working. Total of 28 chances and in Feb 2021 when courts reopened, my husband /Advocate did not represent and case was dismissed. Within 30 days i.e in March 2021 his advocate filed for reopening of case conveying he could attend the case due to carona and ecourts is not providing proper updates regarding the case. I would like to know as case was dismissed and if it reopens now, Can I file RCR?. Can I file Maintenance in family court after case reopens, as I cannot afford to pay the advocate fees etc. If the case is again dismissed after giving few opportunities of evidences (as I am sure my husband has filed false case to threaten me), what immediate steps should I take once case is dismissed again. Kindly suggest.

Abhimanyu Shandilya

Responded 2 years ago

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A.You can file the RCR as well as maintenance even today without waiting for the dismissal of the case. In fact you should file the RCR as soon as possible as that will make your case stronger against your husband in divorce matter. If your husband is able to reopen the case and take it further then it will be problematic for you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Dear client,
You can file RCR and maintenance as well on the re-opening of the case. You can also file a suit for maintenance before the re-opening of the case since you are both still legally married. If you think he is filing false cases in court, then you can file counter suits claiming defamation or for providing false information in court.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

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