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RCR and HMA Sec 13 What to do and how to proceed further?
01-May-2023 (In Divorce Law)
Wife left without sufficient reasons. I filed RCR within 2 months when amicable settlement didn't work. She returned RCR notices sent by Registered post but acknowledged summons on Whatsapp.After filing RCR, I tried for one more time to bring her back by visiting her at native place ( Place of Marriage) but came to know that she had filed false 498a FIR one day before my visit. She asked me to come to police station for discussion and that is how I came to know about the 498a case. I told the police officials the truth and I returned. They removed the FIR from the website later.But she didn't attend any hearings of RCR. I got ex-parte and RCR is at Final Arguments stage, expecting decree soon.In the meantime, I came to know that she filed Matrimonial Suit under Section 13 in her local court 10 days back and first hearing also happened but I didn't get any intimation or notice.I've already filed a case for defamation and extortion.So, what to do next?
Hello...
Have you lodged an F.I.R. against her??
And do you have any child with her?
If you dont want divorce then you can go for filing a writ petition in high court with a prayer to stay the proceedings of the divorce petition... and till then your RCR would be final...and whether she has a valid grounds for divorce as per Sec 13 of HMA?? Then only she will get divorce...
And kindly tell the Case Crime No. of the then F.I.R. which was lodged against you...and get it checked that at which stage is that proceeding presently...
And you have many remedies but you need to tell more grounds and facts regarding it so that i can be more exact...
For more information you can call/text me...
Thank You...
Have you lodged an F.I.R. against her??
And do you have any child with her?
If you dont want divorce then you can go for filing a writ petition in high court with a prayer to stay the proceedings of the divorce petition... and till then your RCR would be final...and whether she has a valid grounds for divorce as per Sec 13 of HMA?? Then only she will get divorce...
And kindly tell the Case Crime No. of the then F.I.R. which was lodged against you...and get it checked that at which stage is that proceeding presently...
And you have many remedies but you need to tell more grounds and facts regarding it so that i can be more exact...
For more information you can call/text me...
Thank You...
Helpful?
Adv. Sakshi Jaiswal
Allahabad | 200+ Answers
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Hello Good afternoon I'm advocate Vivek Mishra well according to your case you can go for quashing of FIR in court for further more query kindly contact me so that I can elaborate you in proper manner thank you
Helpful?
Adv. Vivek Mishra
Allahabad | 500+ Answers
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when you recieved a notice from 13 HMA then if you don't want to give her divorce then you should appear in the court where your wife filled 13 HMA and also submitted the copy of RCR case in these conditions court never give the order/decree of divorce to her.
Helpful?
Adv. Ankit Saran
Ghaziabad | 400+ Answers
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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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