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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!!
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.
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Adv. Amit Singh
Jaipur | 100+ Answers
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Is ex parte divorce safe?
Ex parte divorce occurs when you fail to appear in court despite being notified by the court. You wont know what the court decides. Ex parte orders are not without their disadvantages. You can contest divorce proceedings in India from anywhere. 29 Sept 2020
What does remained Exparte mean?
Only one side or party. Legal proceedings. 30 Sept 2023
What happens when case is ex parte?
Ex parte motions are used in emergency situations to provide an exception to due process rules. They allow you to petition a court without notifying or serving the other parties. The judges ex parte order will only be temporary if he grants it.
What is an ex parte order in a divorce case?
Ex-parte divorces are divorces in family law where one spouse files for divorce without consent from the other. The court can grant a divorce in such a case without the presence of the other spouse.
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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Adv. Govind Dudy
Bikaner | 25+ Answers
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