duvirc -- RCR 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

Shanti Ranjan Behera

Responded 5 years ago

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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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Vidhi Samaadhaan Vidhi Samaadhaan

ARPIT BATRA

Responded 5 years ago

A.You can definitely try.
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Vidhi Samaadhaan Vidhi Samaadhaan

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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Vidhi Samaadhaan Vidhi Samaadhaan

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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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

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

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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Vidhi Samaadhaan Vidhi Samaadhaan

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.
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Vidhi Samaadhaan Vidhi Samaadhaan

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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nitin soni

Replied 5 years 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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Vidhi Samaadhaan Vidhi Samaadhaan

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.
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nitin soni

Replied 5 years 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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Vidhi Samaadhaan Vidhi Samaadhaan

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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nitin soni

Replied 5 years ago

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

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Vidhi Samaadhaan Vidhi Samaadhaan

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
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Vidhi Samaadhaan Vidhi Samaadhaan

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.
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nitin soni

Replied 5 years ago

sir
Does memo is to given through advocate. what is the court fees. what legal points should be covered.

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Vidhi Samaadhaan Vidhi Samaadhaan

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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nitin soni

Replied 5 years ago

sir
my question is whether I can request ( under law) judge to make one case of Divorce by me and RCR By wife. As 498a filed by wife is already going in other cour. PL tell me the section under which I can request.

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GANESH SHARMA

Replied 5 years ago

Pls consult to our team by clicking consult button

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nitin soni

Replied 5 years ago

no response on clicking. may PL. advice on this board

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