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Ex parte order of conjugal rights stop husband's petition for divorce


28-Feb-2023 (In Divorce Law)
My husband filed divorce case it's running now but i field rcr and husband ever accepted the summon so after paper publication i got expartee order on my favour. I don't like to divoce. People are saying rcr expartee is of no use. .If that is of no use then why there will be such order. Will this expartee order help me in stoping my husband'sdivorce
Answers (4)

Answer #1
887 votes
Dear Madam,

It is of-course useful as the case will move on a faster pace as it will be a one sided case that is the Hon'ble Family Court will hear on merits only on your pleadings. Hence it is useful. Further, your husband may also recall the ex-parte order that is the chances are there that he might recall the order by filing a Vakalathnama along with the recall application.

Hence i suggest you to drag the case for divorce which has been filed by your husband and make your case i.e., the case for restitution of conjugal rights on a speed process by taking short dates in that case.

Further once you get a Decree from your case you can produce the same in the case filed by your husband which will be an added ground for you in the case filed by him.

Thank You.
Regards,
Akash R. Rao

Answer #2
767 votes
Hello
Exparte RCR order in your favour is very well and good
This shows your intention before court that how serious you are to be in the company of your husband ...
Now make and application alone with the RCR ORDER and produce in the court where divorce proceedings are carried out ..
It may b helpful and there are chances of divorce case to b dismissed also
Answer #3
559 votes
Hello ,since u told u got exparte order in ur favour ,please tell wheather u got exparte decree or if the case is still pending .
If u got exparte decree ,then the case is in ur favour unless ur husband files appeal in the high court and set aside the decree .
But if just got exparte order then ur husband will have the right to contest the case
Answer #4
512 votes
Hello madam, Your ex parte order for rcr does has its value. establish before the family court where divorce case is going on. tough that will not stop him from getting divorce if he succeed in proving his case for divorce against you. he comes to know of the case and he has to initiate his action against it if he does not do so it should be termed as he is obliging the order of court which was passed ex parte. and if you dont at all want divorce produce all evidence which will disprove his allegations against you like mails, messages, photos etc.

good luck:) feel free contact if u need any assistance.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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