Reg:rcr
RR
(Querist) 17 December 2019
This query is : Resolved
Dear sir, Iam married women with 2 female child and if i file RCR, stating that i want to stay with my husband and my RCR petition in court can stop my husband filing Divorce petition by him because i came to know that he is going to file Divorce petition in court. Thanking you sir.
K Rajasekharan
(Expert) 17 December 2019
By filing RCR you cannot stop him from filing a divorce petition in the court which is his nonnegotiable statutory right that no court, including the top most one, even can stop him from exercising it. But your RCR will have enough countervailing effect on his petition. Your petition will in effect make the court know that you are not at all interested in getting a divorce from him.
In such a situation, the court may not issue a divorce order so easily unless his petition brings out compelling reasons for divorcing you, being a mother of two female children.
Wish you all the best.
R.K Nanda
(Expert) 17 December 2019
Filing RCR can't stop your husband from. Filing divorce petition in court.
Raj Kumar Makkad
(Expert) 18 December 2019
No is the definite reply to your query.
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
Dont ever be under misconception that your RCR petition can prevent him from filing a divorce petition.
He also has rights to file case against you.
He can very well file a divorce case against you for the reasons he may rely upon.
You can challenge the grounds and reasons he may state in the divorce case that may be filed by him as per law.
Please remember that all are equal before law.
