Santosh kumar (lect) 02 July 2014

Wife filed divorce while rcr pending in court

I had filed Restitution of conjugal rights u/s 9 of HMA 9 months back. Two summons are already served. She doesn't attend I have attend the court twice and prayed for ex partee. The expartee hearing is due next month.

Meanwhile my wife filed a divorce plea u/s 13 of HMA but she mentions nothing about the RCR case in her petition and files false allegations against me on grounds of cruelty. There is no point in me trying to save the marriage as I discovered alleged affair of hers last week which I was kept in dark all this while.

Please advice on quick and easy disposal of the case with safety from big alimony suite in future.

1. should I further pursue the expartee decree in RCR and seek dismissal of her divorce plea.

2. Should I respond to divorce case with written statement and seek allowing the petition , while contesting those false allegations and as referring the RCR case petition . Please note I haven't yet received any summons from court.

regards

Kumar

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3 Replies

Santosh kumar (lect) 03 July 2014

Please help me , suggesting a good approach to this situation

SURESH KALAGA (secretary) 03 July 2014

Dear Mr. Ramesh,

Dont worry about divorcase. If notice served against you, you can accept the same. You can mention the same during counseling to be conducted by the family court against her divorice pettion. You can get exparte decree in you RCR case. The same decree copy you can send to your wife by registered letter. Her divorce petition will not fruitful. Meanwhile, becareful with false 498A or DVC or any other criminal cases from your wife.

If you are from Anhdra Pradesh & Telangana, you can contact me for more useful guidance.

sureshmgpl@gmail.com

Santosh kumar (lect) 03 July 2014

Thanks for the reply.

If I get the exparte decree in RCR. I was told that for 1 Year I need to wait for RCR execution to seek divorce.

Since I have now decided to not to pursue the matter of saving marriage.

So would I able to get expartee decree in RCR. And respond in the divorce petition to allow the petition while countering her false claims. Will court allow such thing ?

regards

Ramesh Kumar