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anantha madhav (ARM)     18 August 2010

counter on divorce

hi,

My wife filed a divorce suit on me. i'm confident that she'll realize later & come back probably  in a year in a year. I'm not interested in giving divorce.  My wife stays with her uncles family, father & mother works in  2 different states.  My wife's family is a joint family, for any problem her(my wife’s) uncle (being elder & older in the family)  comes into the picture & troubles everyone knowingly  & unknowingly, and her uncle is a lawyer.  Her uncle is also in a process to file maintenance & 498a

 

 

My questions:

1)In how many days shall i have to file a RCR

2)Can I file a counter to her uncle syaing that  he filed divorce  without any prior  noitce to me.

 

 

help please 



 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 August 2010

You need not to file RCR because in the divorce case proceedings there will be a conciliation stage.  You can submit before the court that you are ready to take your wife and you can submit tbefore the court he truth behind the divorce petition.

G. ARAVINTHAN (Legal Consultant / Solicitor)     19 August 2010

As said by our expert Rajeev, You have to say in court that you are ready to take your wife

Guest (Guest)     19 August 2010

I totally agree with Mr. Rajoo.  As you want to live with her, RCR may be counter productive.  In conciliation stage of divorce proceedings, you request the judge with utmost politeness, that both husband and wife be allowed to spend some time without the presence of their advocates and elders.  You use this opportunity to hammer out the problems and wish you best of luck.

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