Legal Question in Appeals and Writs in India

I am contesting RCR strongly with merit. My wife has file Divorce suit as a counter attack. I am contesting DV suit strongly with merit. I want to keep her at any cost. Pls let me whether she can obtain DV decree even if i object by filiing caveat in Ranchi High court.

Asked on 2/26/17, 4:02 am

1 Answer from Attorneys

Rajendra Arora Samadhan Consultants

By filing caveat in the High Court you are only safeguarding your interest to the extent of passing any ex parte order. The divorce proceedings and RCR proceedings and two entirely different, divergent and distinguishable proceedings which are contested independently and separately. Out of these two proceedings RCR proceedings are less effective rather in my opinion it is ineffective proceedings as even after passing of the decree its execution is practically not possible. Whereas divorce proceedings result in finality of relationship between the couple.

I am of the considered opinion that if it is practically not possible to continue matrimony it is in the interest of both the parties to part with as friends instead of further worsening relations and creating bitterness and accusing each other on false and fabricated grounds.

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Answered on 3/15/17, 7:34 am

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