Husband gave application u/order 9(13) to set aside RCR Decre

first belive in your counsel first. He is correct. your Exparte decree will be setaside, if filed with reasonable cause.

Originally posted by : estranged wife
	Husband filed Divorce in family court Jaipur.I filed RCR in my city.Husband filed WS and didnt turn up for 10 dates.Exparte RCR decree awarded in my favour.I submitted certified copy of this decree in family court Jaipur along with application to dismiss Husbands divorce petition.I was given short date.In between husband came and filed application to set aside exparte RCR decree under order 9 rule 13 in the family court of my city.On this date he gave answer to my application in family court Jaipur saying since he has already given application to set aside exparte RCR it is of no value now and my application should be rejected. Judge has given short date for argument now. My jaipur lawyer is saying my application will be rejected on next date after argument and Judge will pass order to that effect on next date only because RCR decree that too exparte RCR decree dosent make a difference on divorce proceedings.She even suggested dont even come for arguments!!! Why waste time and travel money when you know your application will be rejected she said. I am on my own on next date after 5 days..:((( please let me know what to say to Judge during arguments...

 

Version of your lawyer is absolutely wrong.

Your application cannot be rejected mere on the basis that he filed the application for  setting aside the decree, The application order 9 rule 13 cpc is pending thus, exparty decree is still effective.

Moreover if your husband wants the divorce he should file the counter petition Under Section 23A of the Hindu Marriage Act, 1955 seeking counter claim in same court where his application under order 9 rule 13 is pending. He has no right to approach two different courts for the same relief.

Additional advice after winning RCR case, you need to do something to prove that you are convincing your husband to live with you. Like writting letter, sms. requesting the court to send you for councelling session.

Yes your lawyer is right , your application for dismissing the divorce petion will be rejected on next date , but don't forget this is also a point to be noticed that he never turnedup after submitting the ws and 10 hearing dates had passed in the rcr and now all of a sudden he appeared before the court and moved for set aside the decree it's all come under malafide intention to lingering the case and also delay tactics to harass you and try to make you weaken .

Thankyou so much Mr.Sachin...really appreciate your valuable legal advice...

Wow.. Thanks M/s Sachin, it is by you i learnt the section 23A now.

But, i have doubt still, Whether any petition is maintainable[even under sction 23A], when an application is pending under order 9 Rule 13? 

Am not sure the court will dispose of wife petition in favour of her, on the above ground. Value of exparte decree is not much of the Decree obatained "After full Trial".

Anyway wife is entitled to file the same petition U/s 23A as counter claim in the Divorce petition case filed by the Husband.

M/S Exstrange wife, convey the same section to your lawyer also. sure he will accept and file the same,

Anway thanks M/s. Sachin..

Do not give up. Try your level best. Contest the application in RCR case and also the application filed by you. For the opinion of your advocate the case paper is required to be examined. Sidharth 9811776422

Agree with expert laxmi kant joshi.

There is a possibility that your husband's application may be rejected.  Setting aside a Decree is not a matter of right.  He needs to sufficiently explain the delay. But till the said Application is pending adjudication, your ex-parte Decree is valid and effective. 

I disagree with the views expressed by Mr. Sachin.  It is not necessary that the Husband has to approach the same court.  If the Court where he has presently filed has the jurisdiction under Sec 19, HMA he can file in that Court.  Yes, the wife has the right to approach the Supreme court to get the matter transferred to the Court where she is presently staying.