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exparte RCR in my favour.What happens to husbands divorce petition


12-Aug-2023 (In Divorce Law)
Husband filed Divorce in Family court Jaipur.I filed RCR in family court of my ciy. Husband filed WS after that he did not come to attend court dates and I have been awarded exparte RCR decree in my favour from family court of my city. I have submitted certified copy of RCR Decree in family court Jaipur and asked for dismissal of his Divorce petition. After that husband filed application to set aside the exparte order under order 9 rule 13 in family court of my city. After that he gave answer to my application in family court Jaipur where divorce proceeding are running saying that he has filed application under order 9 rule (13). Now Judge has posted the matter for argument. Now please tell me what will happen ??.My Jaipur lawyer was saying your application will be rejected because even if there is exparte RCR decree in your favour it dosent make any difference on divorce running in Jaipur as husband has given application to set aside exparte order.Please Help!!
Answers (2)

Answer #1
833 votes
Merely getting decree of restitution of conjugal rights does not vitiate the proceedings of divorce.It can be one reason for rejecting divorce petition but based on that rcr decree divorce proceedings can not be set aside.

Answer #2
779 votes
you said that my Jaipur lawyer was saying your application will be rejected because even if there is exparte RCR decree in your favour it dosent make any difference on divorce running in Jaipur as husband has given application to set aside exparte order. that is correct opinion, because ex party decree is set aside by court mostly if the family court reject your husband application then he will goes to high court than high court set aside ex-party divorce degree ok

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