Divorce
dipali
(Querist) 16 April 2016
This query is : Resolved
hi, everyone
this is my friends case going in family court.
current stage in matter -cross of the respondent wherein she needs to file her witness list if any.
but on the last date the judge told my friend that this petition is not maintainable as he has filed this petition before completion of one year from rcr order( my friend has recd. rcr order in the month of march,2013 in which it was clearly stated that the wife should join him within 2 months. but his wife never appeared.. afterwards he filed a Divorce suit in the month of august,2013 i.e. after 5 months from rcr order)
the question is what is that my friend should do in such awkward situation???
oherwise the above matter is going to end . (if allowed by the court) no idea if court is going to allow him
what is the appropriate step that my friend should take?
Devajyoti Barman
(Expert) 17 April 2016
The court has rightly opined. The suit would be dismissed on the ground of non-maintainability.
Ask the petitioner to withdraw the suit beofre the judge dismiss the suit and file after 1 year.
Rajendra K Goyal
(Expert) 17 April 2016
Agree with the expert Devajyoti Barman, withdraw the case before it is dismissed.
dipali
(Querist) 17 April 2016
thanks...Devajyoti sir
