Legal issue ?
BJM_BJM_BJM
(Querist) 22 March 2014
This query is : Resolved
Respected Advocates ,
Pls advice
@The Hon’ble family court dehradun granted Restitution of Conjugal Rights in favour of the wife in Sept 2010 duly giving several opportunity to the Respondent. The case was moved ex-partie several times and was restored several time as evident in the Order sheet.However respondent in the Habitual manner spoke several lies and taking cognizance of the conduct of the opponent Hon’ble court passed the judgement EXPARTIE in favour of the Petitioner.
@ The husband had meanwhile obtained an expartie divorce decree my means of fraud in Vishakapatnam in Feb 2009 and was disclosed to wife in June 2009.Thereafter the wife fought the setting aside of Judgement of Vishakapatnam and finally won the same after the intervention of Hyderabad High court in Oct 2010.
@ The Divorce Decree was set aside in Oct 2010
@ Husband filed the case in High court Uttarakhand in Nov 2010 and got the RCR case(in Dehradun) remanded back on the basis that there existed the valid Divorce Decree in the month of Judgment of RCR in Sept 2010.
@ In the month of Oct 2011* Husband for the first time confessed in front Judicial Magistrate (DV case in dehradun) that the entire Divorce Proceeding was incorrect. It was pertinent to note that the Divorce Decree was used in every court of law and in army to curb the rights of the Wife.. Infact the Husband tried to take full advantage of the Decree and Attempted Bigamy with lady Capt with whom he had extra-matrimonial affair.*I could not approach High Court Nainital due to financial constrain and as I was busy fighting against the harassment in multiple cases.
@The Divorce Decree was set aside and when the Husband was about to be caught red handed he filed the Petition for withdrawal and was subsequently withdrawn .
@ The Use of Wrong Decree of Divorce which was void-ab-initio, in Hon’ble High Nainital court in 2010 lead to remand of the case of RCR . The confession of the wrong in Decree Divorce had come much in Oct 2011. In such circumstance can I request the Hon’ble court tin dehradun to quash the further proceeding in the RCR case . Can I also request the Hon’ble court to seek proper explanation from the Husband of the whole cheating that has been executed by him in order to harass me ?
What remedies do I have ? Do I need to contest the whole RCR case again as now the case has rekindled in the court ? Please Guide ?
Regards
Biswanath Roy
(Expert) 23 March 2014
You can challenge the malafide intention of filing Divorce case against you that sufficiently harassed you and caused pecuniary losses and can claim entire legal costs and expenses faced by you in the divorce case from your husband. In RCR case you shall have to contest.
BJM_BJM_BJM
(Querist) 24 March 2014
Thanks a lot Roy Sir , Where can I file the case for malafied intension. Can I do so in Dehradun where I am staying with my parents ...to be honest I cannot file it in Visahakaptnam and I fear Jurisdiction issue ....... Pls Guide ..
Biswanath Roy
(Expert) 24 March 2014
You shall have to file the case where divorce case has been registered.
T. Kalaiselvan, Advocate 
(Expert) 25 March 2014
Now since the divorce case stands dismissed but the RCR case is in motion, the RCR has to be prosecuted by you appropriately by quoting the dismissal of divorce case by high court Hyderabad as well as the respondent's own version of having played fraud upon you etc. You have very strong point in your side and his challenges can be put down based on the circumstantial and other physical evidences in your favor. Since your RCR case was decided exparte earlier and has now been set aside and taken up for regular proceedings, why do you worry about it? Go ahead with the trial of your case.
