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Q.duvirc -- RCR

Q. duvirc -- RCR

filed Divorce after 498 by wife. now wife had
filed RCR . Can I ask judge to merged
Divorce and RCR
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A. Dear Client,
Legally speaking 498 a is different from RCR.
However, your Advocate can submit a Memo for taking up both the cases together.
On the other hand, everything depends on the Judge of the family Court.
Shanti Ranjan Behera
Advocate

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 5 months ago

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A. You can definitely try.

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ARPIT BATRA

Experience: 11 Year(s)

Responded 5 months ago

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A. You may give memo through your advocate and court fee not required for memo.

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A. yes, you can file a petition in district court for joint trial of both divorce petition proceedings and rcr proceedings to see that there should not be conflict of judgments. But a separate petition for conducting joint trial in district court should be filed by filing certified copies of both divorce petition and rcr petition.

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sistla ramakrishna

Experience: 29 Year(s)

Responded 6 months ago

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A. Dear client you can definitely file an application before the family court

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Deepak Bade

Experience: 9 Year(s)

Responded 6 months ago

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A. Yes ! you can do so by moving an application or stating before the ld. judge orally.

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 6 months ago

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A. Dear Mr Soni,
You can definitely file an application before the family court concerned requesting the court to merge the divorce and RCR petitions, but filing an application to this regard never means that the two will be merged. It depends totally on the discretion of the court concerned to merge the two or not. For more information, you should contact a good legal practitioner from the Vidhikarya platform having expertise in family matters.

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Gopal Bansal

Experience: 1 Year(s)

Responded 6 months ago

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A. 498 shall be tried by magistrate under criminal law, divorce is civil law. hence it is not possible

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nitin soni

Experience: 1 Year(s)

Replied 6 months ago

dear sir
issue is wife has filed 498a. then after 1 year I have filed Divirce. both are under process in different court Now wife has filed RCR in same court where Divorce is under process. I have no children.Also wife in professor in law college in Jaipur. I am in Bangalore . case we're filed in jodhpur .my question is can I ask judge to merged Divorce and RCR

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A. Dear Client First tell me how may child u have?
As Divorce and RCR both r filed by wife then suit of Divorce will be dismissed by court for it u must file an application in Divorce case. As RCR is filed then proceedings of 498 will also be stayed. If your wife and u both agree to reside with each other happily then she may withdraw the case of 498 by filing a petition in High court. If u deny In RCR saying that u do not want to stay with her then Divorce will be granted but u will have to pay maintenance for whole life or u may choose a lump some amount to pay her.

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Vishwabandhu

Experience: 38 Year(s)

Responded 6 months ago

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nitin soni

Experience: 1 Year(s)

Replied 6 months ago

sir
498a was filed by wife. I filed divorce after one year. Now wife has filed RCR with sane judge where Divorce is in process. I have no children wife is PhD and working as professor in law college..
my question is can I move application to merge DIVORCEC and RCR

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A. You can seek for clubbing of divorce petition with r.c.r. petition to conduct joint trial, but you must file a separate petition to club both the matters before District Judge court, so that no conflict of judgments will come.

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sistla ramakrishna

Experience: 29 Year(s)

Responded 6 months ago

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nitin soni

Experience: 1 Year(s)

Replied 6 months ago

sir
under what section I have to file this merging petition?

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