If divorce and rcr filed in same court with same judge

If husband ask for Divorse n u file RCR his Divorse petition will not survive

Deleted; will write more politely later.

Both are different cases, if wife has already filed for divorce, then you withdraw your RCR citing the above reason by the way of memo filed by your lawyer and defend your divorce case against merits, if wife don't prove the allegation then no divorce. No advocates are fools, Are you dumb to post such queries by citing lawyers name. Start asking questions correctly otherwise any seasoned lawyer will squeeze you properly in cross. Be a man

All imaginative query, academic in nature.

Originally posted by Adv-Jeevan Patil:

"If husband ask for Divorse n u file RCR his Divorse petition will not survive"

 

Learned Jeevan Patil ji, please let us know how RCR will kill a divorce suit filed on grounds of adultery, or cruelty, or where a spouse has changed his religion from Hinduism, or where a spouse has a mental illness? Even when the divorce suit is filed due to desertion, how does the filing of RCR kills the ongoing divorce suit?

if divorce is successful then it is end of marriage, and RCR wont survive in the other court, however it is skeptical that if a RCR survives, then divorce is difficult, 

agree to the author, the situation is tricky, but it is a grey area, depending on court to court. there is no established procedure,for these two contradictory cases

First of all your query is purely academic in nature.

If both the cases are being tried by the same court, naturally both the cases will be held in joint trial, so a decision will be made on favoring only one case based on the merits of the case decided by the court to allow.

If both the cases are being tried at different courts, the advocates will certainly bring the same to the notice of the respective courts about the pendency of another case in another court and even may try to transfer the same to one court court itself.

Suppose there is a favorable decision (unlikely), in favor of both the parties at different courts, both have opportunities to prefer an appeal against each other aggrieved over the loss in other s cases.

correctly advised by mr kalaiselvan......nothing can be added more on this

@adv patil........why would the RCR petition not survive, i dont see any logic in your answer. without a fair trial in the divorce case, why will it be dismissed.