Urgent help - rcr still running after divorce

Originally posted by : 498aVictim
	Dear Sir/Members, My RCR case is still running even after 1.5 years of divorce. Apparently my RCR lawyer has shared all my documents including certified copy of decree (which takes two months to get) to my ex-wife and asked her to re-open divorce case. He claims he is going by law, it is upto me to change the lawyer if i dont want him. Great help from a known lawyer from family friend circle. Kindly requesting seeing guidance on what i could really do now: 1. Filing Order 7 Rule 11 in RCR court for rejection of petition. anyone could help me prepare with citations? 2. Moving high court for quashing RCR case. is this possible? anyone could help? 3. how to prevent reopening the divorce case? thanking you as always. With out LCI, people like me are doomed! kindly advise/help. thanks.

Order 7 Rule 11 can only drag the case but can't yield what you are expecting as the facts of your case are not relevant to the section you want to invoke.

So you have to contest the case as usual without missing to attach a certified copy of your divorce decree from the written statement stage itself.

One thing you can do, file a transfer petition in high court if both of you are in same state else Supreme court for transferring the wife case to your place or to the court which issued you the divorce decree.

Originally posted by : 498aVictim
	Dear Sir/Members, My RCR case is still running even after 1.5 years of divorce. Apparently my RCR lawyer has shared all my documents including certified copy of decree (which takes two months to get) to my ex-wife and asked her to re-open divorce case. He claims he is going by law, it is upto me to change the lawyer if i dont want him. Great help from a known lawyer from family friend circle. Kindly requesting seeing guidance on what i could really do now: 1. Filing Order 7 Rule 11 in RCR court for rejection of petition. anyone could help me prepare with citations? 2. Moving high court for quashing RCR case. is this possible? anyone could help? 3. how to prevent reopening the divorce case? thanking you as always. With out LCI, people like me are doomed! kindly advise/help. thanks.

 

As you already got the divorce, her RCR case has no value, Court cannot pass RCR in her favour.

You need not to do anything let her roam in court, even she got any order in her favour it has no value.

Judge has posted the case for a Wednesday instead of regular Tuesday. There are no other RCR/Divorce cases posted for that day. would there be a decision made by judge on the case?

Case info: After we have filed counter along with divorce decree, ex-wife (petitioner) hearing is pending for long time (4 hearings) and her lawyer did not appear. In front of me, judge told to ex-wife two times that her lawyer MUST come next time. 

Any chance judge will decide something on that day if ex-wife has not acted on divorce?

Thank you.

It maybe so that she filed appeal against divorce, and you have not got intimation from court. And wife filed RCR again. Perfectly valid situation as divorce is questioned and is on appeal.

yes sir, that is the most likely scenario in legal path. however, i figured out that judge will be on leave that day, hence it has been marked for that day. so the case may be moved further 2 months without my knowledge or intervention. i apologize for saying this (not to hurt all counsels), my lawyer is doing all these to drag the case - despite getting all the fees given upfront to him. may god bless him.

Originally posted by : 498aVictim
	yes sir, that is the most likely scenario in legal path. however, i figured out that judge will be on leave that day, hence it has been marked for that day. so the case may be moved further 2 months without my knowledge or intervention. i apologize for saying this (not to hurt all counsels), my lawyer is doing all these to drag the case - despite getting all the fees given upfront to him. may god bless him.

In every proceedings, the documents on which you want to rely except meant for suggestion during cross-examination, one copy of those documents should be served to opposite party. It's the rule.