• Restitution of conjugal rights

I have filed RCR to come back my wife. My wife provided wrong address in DVC case. I have used same address in RCR. notices were unserved to my wife. I dont have new address at that time where she is staying. So I did not went to court and my lawyer also absent. The court had given below order "petitioner is called absent. No representation process not filed. Hence the petition is dismissed for default for non payment of process".

1. If I want to file divorce then I need to withdraw RCR?
2. its been more than 2 years RCR order came. How can I withdraw RCR without lawyer?
OR
3. Its been more than 2 years order came. How can I file to get original order copy from court.
Asked 7 months ago in Family Law from nagar kurnool, Telangana
Religion: Hindu

The original copy of the order can be asked from the court and you can inspect the file and get the car so far as your rcr is dismissed you can file the divorce petition as this has no effect now.

Vimlesh Prasad Mishra
Advocate, Lucknow
6308 Answers
20 Consultations

4.9 on 5.0

RCR petition has been dismissed. It has no effect now.  You can file divorce petition stating the fact that RCR petition has been dismissed. 

Kallol Majumdar
Advocate, Kolkata
2228 Answers
3 Consultations

5.0 on 5.0

1. It appears that the RCR is dismissed for default and if that is so then there is no need to withdraw it anymore and hence you can file a suit for dissolution of divorce on subsequent cause of acion.

2. same as above.

3. RCR s dismissed for default and hence to file divorce suit you need not take certified copy of the order.

Devajyoti Barman
Advocate, Kolkata
18836 Answers
270 Consultations

5.0 on 5.0

You have to withdraw RCR if you want to file for divorce 

 

2) your RCR petition has been dismissed you can file for divorce 

 

3) apply for certified copy of order from trial court 

Ajay Sethi
Advocate, Mumbai
73029 Answers
4385 Consultations

5.0 on 5.0

Dear Client,

  1. You have to restore the RCR case through a lawyer. On the basis of Exparte Degree, you may file a petition for divorce.
  2. Yes, you may withdraw your case without a lawyer.
  3. You may apply yourself or through a lawyer to get the certified copy of the RCR order.

Jaswant Singh
Advocate, Gurugram
635 Answers
2 Consultations

4.8 on 5.0

case of RCR under section 9 of hindu marriage act can be withdrawed by filing an application at any stage as dismissed as withdrawan. Fresh case of divorce can be filed. 

You simply tell the court that you wish to withdraw your RCR and file divorce petition. 

You have to apply through your lawyer to get a certified copy of the court order. 

Mohammed Mujeeb
Advocate, Hyderabad
14541 Answers
6 Consultations

4.5 on 5.0

1. See it is already dismissed you donot have to withdraw it now.

2. RCR is dismissed hence cannot be withdrawn you can file a application to get certified copies of the order. 

Shubham Jhajharia
Advocate, Ahmedabad
23462 Answers
94 Consultations

5.0 on 5.0

Yes you need to withdraw RCR and file divorce. 

You can get the certified copy from court and get the same withdrawn

Prashant Nayak
Advocate, Mumbai
17458 Answers
30 Consultations

4.6 on 5.0

1) No need since it is already dismissed you can proceed with filing of Divorce.

2) Ignore.  It is already dismissed.

3) Through your lawyer, make application for certified copy of said order.

You can proceed with your divorce application, make sure you have correct address of your wife.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
1398 Answers
6 Consultations

5.0 on 5.0

Yes, you can file an application without lawyer in the family court.

Under PIP and withdraw previous case, if the order says petition is dismissed than no need to worry.

Yes you can file to get original order from court.

Ganesh Kadam
Advocate, Pune
9308 Answers
77 Consultations

4.9 on 5.0

Dear Sir,

 It is better to  file for divorce. 

There is no necessity of withdrawal of RCR. The RCR case dismissed for default is equivalent for dismissal of RCR petition. you can file divorce on other grounds.

On one hand you are asking for restitution of conjugal rights, and in the other, divorce.

So, make up your mind. Restitution of conjugal rights is a useless thing to apply for because you cannot force someone to live with you against their will. Even if on paper you win the RCR petition, it's an empty order because you cannot enforce the same 

 You can file the same on any grounds from desertion to cruelty depending upon the facts of your case.

Netravathi Kalaskar
Advocate, Bangalore
4722 Answers
24 Consultations

4.8 on 5.0

Dear Sir,

My answers to your questions are as below:

1. If I want to file divorce then I need to withdraw RCR?
A: You may take the benefit of dismissal of RCR as you have not proceeded with and file divorce case .

2. its been more than 2 years RCR order came. How can I withdraw RCR without lawyer?

OR

3. Its been more than 2 years order came. How can I file to get original order copy from court.
A: You can apply for certified copies through any advocate since power of earlier advocate already terminated
as RCR case was closed. You need not withdraw RCR case as it is already dismissed for default.

Kishan Dutt Kalaskar
Advocate, Bangalore
5011 Answers
158 Consultations

5.0 on 5.0

- Since the Court has already passed order for Dismissal due non filing of Process fee, hence there is no need to withdraw the said RCR. Now this case has sent to record room.

- Hence, for filing of the Divorce case , no need to withdraw the same.

- for getting the certificed copy , you can also apply for the same.

- Upon the earlier address , you can file the Divorce case . 

Mohammed Shahzad
Advocate, Delhi
1795 Answers
27 Consultations

5.0 on 5.0

The RCR petition has been dismissed by court so it is disposed you cannot do anything with that petition And You can file divorce now. 

You can apply for copy of order of RCR petition by contacting some advocate for obtaining the copy of orders

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

1.  Since your RCR petition is dismissed ther is no necessity for you to withdraw the same anymore.

2. It is already dismissed by court hence there is no necessity for withdrawing the same.

3. File a copy application before the court where the RCR was tried and get the copy of the orders. 

T Kalaiselvan
Advocate, Vellore
62986 Answers
814 Consultations

5.0 on 5.0

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