Rcr
Mustafa Bhat
(Querist) 26 March 2014
This query is : Resolved
Sir,
RCR was filled by my divorced wife( to whom I divorced in 2009 as per Muslim personal law as we are both Muslims)in 2010,were in they got stay for my second marriage,i was already married on the day of stay, they then filled contempt petition,later court in 2012 dismissed the case along with along all CMPS & stay if any stand vacated as not pressed by the plaint.
Now in 2014 they (Plaintiff) have applied in higher court to set aside the order of lower court.
Can the court do so, the are applying for setting the order aside of lower court by after 15 months.
Please guide.
Devajyoti Barman
(Expert) 26 March 2014
15 years o delay.. it is unlikely to be condoned.
Court does not favour those who sleep over their rights.
Mustafa Bhat
(Querist) 26 March 2014
Sir
it is 15 months not 15 years.
Devajyoti Barman
(Expert) 26 March 2014
Yes, 15 months is also too long a period and not likely to be condoned unless a very strong proof is submitted.
ajay sethi
(Expert) 26 March 2014
since you both are muslims and valid divorce has taken place chances of success in RCR are bleak as you are no longer husband and wife .
Mustafa Bhat
(Querist) 27 March 2014
Sir,
Actually they have set a departmental enquire order against me as they are highy influential, for Violating Conduct rules of Govt employee As the lady claim in her application to my head of department that i have married when first marriage was subsisting with the lady,on that i have been chargesheet by my department, before i could reply they(2nd party) have an apprehension that i will produce the judgement of court in my written statement to the department."As in the court case (RCR) also they plied that i am a govt employ going to contract 2nd marriage, on which they got stay for my 2nd marriage.
So this is fact of matter.Please guide as i have also 498A & 406 which is under trial.
Devajyoti Barman
(Expert) 27 March 2014
Since the stay is vacated, you have not violated any Rules.
Rajendra K Goyal
(Expert) 27 March 2014
Face the cases including departmental inquiry on merits. These may cause some tension but facts are favoring you.
Nadeem Qureshi
(Expert) 27 March 2014
Dear Querist
contact a lawyer personally with all documents it will be better for best advise
T. Kalaiselvan, Advocate
(Expert) 28 March 2014
since you both are Muslims and the divorce was as per the Muslim Personal Law, it is held valid, RCR is not maintainable, at the same time a Muslim male can marry another female during the subsistence of the previous marriage and the previous wife is alive, so the department cannot initiate any legal action against you even in case it is taken that you have married for the second time wile the first marriage subsists. Now, since she had not pressed her previous cases and they were dismissed on the same grounds, she has no grounds for appeal, challenge it fittingly.
P. Venu
(Expert) 29 March 2014
Service rules allow a Muslim government servant to take up more than one wife, but with due permission. If not, it is misconduct.
Dr J C Vashista
(Expert) 30 March 2014
Dear Author @ victim,
Why do you want to conceal your identity, remain annonymous and streching this thread?
