duvirc -- RCR
5 years ago
filed Divorce after 498 by wife. now wife had
filed RCR . Can I ask judge to merged
Divorce and RCR
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
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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Sivasubramanian Baghiratha Gurukkal
Responded 5 years ago
A.You may give memo through your advocate and court fee not required for memo.
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sistla ramakrishna
Responded 5 years ago
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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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client you can definitely file an application before the family court
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Junaid Ali Khan
Responded 5 years ago
A.Yes ! you can do so by moving an application or stating before the ld. judge orally.
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Gopal Bansal
Responded 5 years ago
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.
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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Mural Krishnan Sanjeevi
Responded 5 years ago
A.498 shall be tried by magistrate under criminal law, divorce is civil law. hence it is not possible
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Vishwabandhu
Responded 5 years ago
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.
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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sistla ramakrishna
Responded 5 years ago
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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Sanjay Kumar Jha
Responded 5 years ago
A.Dear Client, After 498a, filing RCR, seeking conjugal relationship by ur wife is has no meaning , even more Divorce files by u.
This act of shows intention to harass u by ur wife. u may consult for rest legal action
This act of shows intention to harass u by ur wife. u may consult for rest legal action
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Sivasubramanian Baghiratha Gurukkal
Responded 5 years ago
A.Hello,
You can merge divorce and rcr through filing joint memo in the court. If you file a memo for joint trail then the court will hear both the cases together.
You can merge divorce and rcr through filing joint memo in the court. If you file a memo for joint trail then the court will hear both the cases together.
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GANESH SHARMA
Responded 5 years ago
A.You can fix both the cases on the same date by oral request to Ld Judge
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