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Does divorce gets cancelled when RCR is pending in the court
01-Jul-2023 (In Family Law)
I am girl having govt. job. married in 2012. due to behaviour of my husband and his father. i choose to live with my parent untill every thing become fine. but my husband file rcr section 9. when i got notice from court then my lawyer file case for transfer of that case to my home town in high court. after too much waiting nothing goes good and finally in 2016 i filed divorce case. my husband does not come to high court in any date and also not recieve any letter from session court. after waiting one year court give me divorce. but after divorce , my husband come to here and apply for reopen the case. now the section 9 rcr case is transffered and also pending here in same court. now court ask why i not told about section 9 . now what i can do. is court cancel my decree of divorce and passes the section 9 in favour of my huaband. am I in fault. then what can i do now?
The same court can not set aside decree of divorce in routine manner.since you got exparty divorce in that situation court can hear your husband on issue of his non appearance.if found that he was sufficiently served in divorce case than divorce decree can not be set aside.when divorce is granted than sec 9 application has become infractuous.
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Adv. Amit Singh
Jaipur | 100+ Answers
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Is case me files or drafting dekhne ke Baad hi kuch opinions di Jaa Sakti he...Apne facts chupate hue divorce Liya he isliye apke husband Ko Suna jaakar matter decide hoga....inme apke husband ke ground dekhe jayenge ya nhi ye facts pe depend he
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Adv. Kamlesh Kumar Sharma
Jaipur | 25+ Answers
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It's nt ur big fault... If section 9of hma is pending then also court can't cancel ur divorce decree.. Bcoz of ur husband falt ur case decided on the ground of expartie... So no need to worry.... It's nt mandatory to disclose about section 9 nd it's nt a ground to cancel ur divorce decree
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Adv. Meeta Parik
Jaipur | 25+ 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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