1. Do not delay filing divorce suit. it is not making any good.

2 her RCR will fall flat after filing so many criminal case and you may be happy to know that filing RCR pr sending notice there under she has made her cases weakened.

3. In the RCR only while filing your written statement you can claim for relief divorce as cunter claim and hence no separate suit is not required.

4. If you have no trust on your advocate then it is better to engage a new one.

No need of depression, absolutely u can file divorce petition and u r not supposed file in counter case in RCR case filed by ur wife. Filing of false complaints by your wife amounts to mental cruelty. Such cruelty ground for filing divorce. If you contact,I can guide.

1. There should not be any delay. Better change the lawyer if he continues to delay.

2. It is not clear whether the complainant is not coming to court or is appearing in the court but not leading her evidence. If the complainant is not leading her evidence then tell the court to close her evidence, and if she or her lawyer is not appearing before the court then tell the court to dismiss the case in default.

3. In RCR you cannot file for divorce, a separate divorce petition has to be filed.

First of all, there is no need to be depressed as these things would pass.

Secondly there is no bar in filing divorce petition as a counter to a Section 9 petition of Restitution of Conjugal Rights. The section 9 petition filed by a wife has no sanctity as she has already filed 498 a case against you and your family.

But, you can only file a new divorce petition, only if your wife has withdrawn her divorce petition, otherwise two divorce cases cannot Run between the same parties at the same time.

Regards.

You can file separate divorce petition on grounds of mental cruelty

2) deny allegations made in RCR petition

3) both petition would be clubbed together

Sir do not be depressed hire a good family court lawyer present separate divorce petition and file a counter of the RCR you wife has filled false cases on you then there is no chance that RCR should succeed.

Further file an application before court to close their right evidence of complainant as they are absenting them self from giving evidence.

You have to file a separate divorce petition.

Petition is valid, You are open to file diovrce any time, whether RCR pending or not.

Not filling diovrce may benefit you to defy wife claim that, you don't want her, And if you will file for divorce, this will get confirm.

Your spouse has made your case strong by filing section 9 suit. All the allegations levied in other cases by your spouse have become baseless.

File a suit for divorce asap and also take a plea for divorce in section 9 case stating the allegations made in DMC and 498A case.

Replace your lawyer for better and quick results

Hello,

Your lawyer is going in the right direction . Let the 498a case comes in your favour , then you can file a divorce case om the ground of cruelty as rcr on her part will also refer a plot made against you.

Regards

1. The procedure of filing divorce suit in RCR case is unknown to and unheard by me.

2. If you have irrefutable evidence of her cruel acts on you then you can file the divorce suit on the ground of cruelty.

3. If you do not have irrefutable evidence of her cruel acts, wait for some more time to get the 498A case dismissed by the Court and thereafter you can file the divorce suit on the ground of cruelty since the Supreme Court has opined that lodging false 498A complaint can be considered as an act of cruelty by the wife for which divorce suit can be filed.

hello,

the s.9 application filed by your wife means that she is pleading before the court that you have withdrawn from her society and wants to be with you, this application must be contested by you, stating that she herself has filed a complaint under various sections and has stated that you wanted to kill her. s.9 states thus:-----" where a question arises whether there has been a reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society". so file a suitable reply stating all that has happened.

the divorce petition must be presented to the appropriate court.

the court would advise you for mediation.

tell your lawyer that contest the RCR application and file a divorce petition.

regards

This is my response to you:

1. RCR need not be filed if there is irretrievable breakdown of marriage;

2. Therefore file for divorce under Section 13 of the Hindu marriage act, under the grounds of cruelty;

3. You should have filed a counter FIR against her for attempt to commit suicide;

4. You should start getting the papers ready for divorce petition urgently;

5. If you are seeking divorce and your lawyer is not co-operating then you must change the lawyer or contest the divorce in-person.

Your lawyer may be contemplating for a counter claim for divorce in the court to her RCR petition.

It is not necessary to make a counter claim.

Instead he can file a petition for divorce on the grounds of cruelty with elaborate pleadings for divorce itself.

If your lawyer is not cooperating then you may change your lawyer.