Rcr mediation
sandykrish
(Querist) 17 January 2014
This query is : Resolved
Hi Learned Members.
Applied for RCR, during the RCR mediation we arrived at MCD settlement, filed the MCD settlement on the same day which is Dec 04 2013, next date of the 13-B petition is June 07 2014.
RCR Case: My wife was supposed to file the Objections. I and my wife was present today. I and my Lawyer filed a memo to the court and brought the notice to the Judge that we have filed the 13-B petition with the case # and my advocate told that put the RCR matter to June 07 2014 and once the divorce is confirmed we will withdraw the RCR case. A copy of the MEMO was issued to the Wife and Wife's Advocate.
The reason why we did this is because my wife and in-laws are having the uncanny behaviour and change their mind any time. If we withdraw it now and if they withdraw 13-B petition we will be back to square one.
The Judge told that he cannot give such a long date but has given the date in March asked us to get one more date in March.
Am I going right in this matter. May be If my wife doesn't turn up for 13-B second motion I will any way have an option to withdraw by citing above reasons.
Is this technically permissible?
Devajyoti Barman
(Expert) 17 January 2014
You can not continue both the cases simultaneously.
I am surprised how the court allowed you to continue the case without dismissing the same at once.
Raj Kumar Makkad
(Expert) 17 January 2014
Though legally this procedure is not correct but practically you have no other option but to move ahead keeping in view the attitude of your wife.
Rajendra K Goyal
(Expert) 17 January 2014
Agree with the expert raj kumar makkad ji.
T. Kalaiselvan, Advocate
(Expert) 19 January 2014
