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Divorce and DV case is going on and RCR case is filled


14-Sep-2023 (In Divorce Law)
I am fighting contested divorce and DV case against my husband since last 4 yrs in Delhi. And now my husband has filled RCR case in ramgarh. What should I do now. I don't want to go back to him.
Answers (5)

Answer #1
830 votes
If you don't wish to go back to your matrimonial home then no one can force you to do the same. As far as the cases are concerned you need to file a strong reply/WS against the petition filed by your husband and in that you need to mention that DV and divorce case is already pending against him. For more legal assistance I am just a call away.
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People also ask

How long does RCR last?

It usually takes three to five hours for the course to be completed.

What is the time limit for RCR?

The time limit for filing a petition The petition for the restoration of conjugal rights has to be filed within a year of the date the spouse resigned. The court can dismiss the petition if it is filed more than one year after the withdrawal of the spouse. It is therefore important to file the petition within the time limit.

What happens if my wife wins RCR?

Even if she wins the RCR, you cant force her to live with you. You can divorce her if you do not comply with RCR. It means that after a year, if you dont comply with RCR, she may divorce you.

What happens after RCR is filed?

After your RCR is determined by the highest court, you will lose your right for many months, or even years, to file for divorce for any reason. You will also have to battle your RCR until the highest court, and then youll need to fight again to enforce the ruling.

  
Answer #2
818 votes
mam you have the right you can file transfer petition in the supreme court throw and ur that the petition that the case file in Rambagh would be transferred to Delhi and you also have a right to file 125 CrPC maintain maintenance maintenance petition
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Answer #3
623 votes
You should engage a lawyer to represent you in that case. Reply to the RCR petition should be properly drafted enunciating all allegations and averments mentioned here in matters pending before Delhi Courts. Nobody can compel you to go back unless you want it to go.
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Answer #4
779 votes
you can get the case of RCR transferred to Delhi.

mention the divorce proceedings in the RCR matter

the court cannot force you to stay with your husband.

should you have any questions please feel free to contact me
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Answer #5
554 votes
Filing the case doesn’t mean u have to go back to him, even if he wins the case still there is no compulsion that u have to go n stay with him. If you don’t go the only adverse things would be that it will be helpful for him to get divorce from u !
U need to hire expert advocate and u can even get the case transferred
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