After I File RCR wife want Legal Separation but I don't. She not attend 1st court hearing even no person attend from her side.
What is the next step ?
After I File RCR wife want Legal Separation but I don't. She not attend 1st court hearing even no person attend from her side.
What is the next step ?
ashoksrivastava (scientist) 09 January 2014
Originally posted by : Jiban Rana | ||
Has she filed a petition for judicial seperation? |
ashoksrivastava (scientist) 09 January 2014
Originally posted by : Jiban Rana | ||
Which case was filed earlier in time sec9 or 10? |
ashoksrivastava (scientist) 09 January 2014
Are the two courts in different states?
Adv k . mahesh (advocate) 09 January 2014
why different states
ashoksrivastava (scientist) 09 January 2014
Originally posted by : Jiban Rana | ||
You can apply for stay on HMA sec 10 case in the court in which it is filed, under CPC sec 10. But since both courts are in same state she can easily get your sec 9 case transferred to the court where she has filed sec 10 HMA case through state HC.Earlier such transfers were not easy as HMA does not talk of transfer in context of sec 9 vs sec 10. But after SC judgement in "Guda Vijayalakshmi vs Guda Ramchandra Sekhara Sastry on 13 March, 1981", HC's are transferring such cases for consolidated hearing.Here wifes are given preferential treatment. regards ASHOK |
ashoksrivastava (scientist) 09 January 2014
Originally posted by : Jiban Rana | ||
No RCR will depend on whether she is able to prove or not that "she had valid reasons to withdraw from your society" My personal advice is that RCR is a useless and often counter productive tool against unwilling wife. If mediation and reconciliation efforts fail then do not burden yourself with extra litigation regards ASHOK
|
great india (manager) 09 January 2014
ashoksrivastava (scientist) 10 January 2014
Originally posted by : Jiban Rana | ||
Has the notice been properly served /(received) in both sec9 and sec 10 case? Also have you exhausted all reconciliation possibilities? |
|