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Siva (Lead)     21 May 2017

Can rcr can be filed as ia under divorce case filed by defen

The divorce case filed by defendant. 

So RCR can be filed as IA under the divorce case?

Are it will be seperate case and it will be numbered by court?

if yes, why don't we file RCR as IA under the divorce case

 

 



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 4 Replies

Martin Sooji (Advocate)     21 May 2017

Originally posted by : Siva
The divorce case filed by defendant. 

So RCR can be filed as IA under the divorce case?

Are it will be seperate case and it will be numbered by court?

if yes, why don't we file RCR as IA under the divorce case

 

 

Let lord shiva help you.

Your question is unclear.  Why do you want to file RCR as IA?  Who told you that RCR can be filed under IA? IA is Interim Alimony.  RCR is Restitution of conjugal rights.  What do you want to ask?

If Divorce case is filed, it will be given one number.

If RCR case is filed, it will be given another number.

If maintenance application is given by wife, it is of 2 types. One is IA, ie interim alimony another is permanent alimony.  Both will be given different numbers.

All cases can be clubbed into one, as parties are the same, by request of either of the parties and moved into a single court.

Why are you bothered about numbering? did you pop a pill?

Siva (Lead)     22 May 2017

Martin Ji,

I mean IA is "Interlocutory application"

I have seen that differenct case number is provided for filing RCR and we see two different hearing date for divorce case and RCR case.

 

Ms.Usha Kapoor (CEO)     22 May 2017

Divorce and RCR are two seperate cases.Though divorce and RCR is related cases they are seperately filed and numbered as RCR is for couple's union and Divorce is  separating forever.Hence


(Guest)

Agree with Advocate Martin Suji.

If you want to submit any paper to court in relation to the above cases, you can, before the case is over; then they will be filed under same case number, provided you have not asked for a new relief under new law.  If so, then new case number is given for the new paper that you submit.


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