Divorce filed without withdrawing RCR

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved
can a divorce petition filed by husband be dissmissed on the grounds that the same has been filed without withdrawing the RCR case filed by him (which is still pending)in the same ?

Follow Query

Report Abuse

Guest (Expert) 08 May 2011
both cases can not run together one for restitution and other for divorce so withdraw RCR case

Querist : Anonymous (Querist) 08 May 2011
the case has been filed by other party .And divorce has been filed without withdrawing the RCR filed by other party only.
In such circumstances can the divorce application be dissimissed as"asking for two reliefs of opposite nature in same court" ?and under wut section of law.

Kiran Kumar (Expert) 08 May 2011
both the reliefs claimed are opposite in direction....in RCR petition when the petitioner himself/ herself submits for restoration of conjugal rights how can the same petitioner seek divorce simultaneously?

practically, the first effort of the court is to save the marriage and RCR petition will give enough material to dismiss the divorce petition.

Querist : Anonymous (Querist) 08 May 2011
but are there any technical (legal groundS) and if so under which section ,to ask for dissmissal?

Guest (Expert) 14 May 2011
Agree with kiran kumar advise.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries