• How to get RCR decree

My wife lived with me for 6 months and left without any proper reason. No kids.
I filled divorce after 1 year of separation, but she filled RCR and demanded a heavy amount offline. So I withdrawn my divorce
I filled a counter-petition on her RCR saying I am ready to live with her, the intention was to give her some time and if she doesn't come file for divorce on the basis of desertion. But my lawyer filled the counter petition as IA, so the opponent has to respond to the IA now and it is running for the last two years and they are not filling any counter. My lawyer joined with the opponent and he is not doing anything on the case.
They are just passing time to make me frustrated and pay what they ask.
is there any way to withdraw my IA petition and file the same as a counter for the main petition? can I do it myself? Due to Lockdown, my case is delayed, is there any way to ask the court to expedite my case? 
if I file it as counter and accepting her prayer, do I get the submitted degree immediately?
Asked 3 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

What is the relief sought in the IA.

Any IA filed shall be for any relief as an interim measure to the ongoing case.

If you have not yet filed counter to her main petition yet, better fo it immediately. 

If your advocate is not cooperating or had tilted sides   then you can change the lawyer. 

You can appear before court in person during the next date of hearing and inform court that you are changing the lawyer and you may be permitted to appear as party in person. 

After that you can make the representation before  court as per your desire. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Family courts are overburdened with cases 

 

hence disposal takes time 

 

you can change your lawyer if you so desire 

 

no need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

If you don't have any trust left for your advocate then you can engage another. 

He apparently misled you. 

Yes do withdraw your IA and take same stand in your written statement. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Now the situation all over the world is worst and litigants affected the much worst delay in their petitions. Now all the courts are not work in properly .If you have lost the trust upon your advocate then change your lawyer immediately. Counter to the original petition never filed as IA. IA filed for any other relief. “Interlocutory application” means an application to the Court in any suit, appeal or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order. The orders which are passed in those applications are called as interlocutory orders. So check what purpose your lawyer filed IA .

If you are not filed counter to RCR then file it immediately . File an advance application before the court for speedy disposal .

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Hi, you can represent yourself in the court. Before that you need to seek NOC from the lawyer who had filed a Vakalath before the Hon'ble Court. If you don't trust the lawyer then better you can engage any other advocate of your choice.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Yrs you can withdraw it yourself as well as change your lawyer

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir/Madam,

You are suggested to change the lawyer and go as per your instant plan. If you are not in position of change or engage another lawyer, you may contest the case in person but you must know the intricacies of law regarding the said case. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- You can move an application before the said court for an urgent hearing 

- Further , you can withdraw your petition /counter claim being without the consent of your lawyer as well , after recording the statement before the court. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

We suggest you should consult a local family lawyer who can examine facts of the case based on the documents and facts.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

We don’t provide formats 

 

You are at liberty to with draw your IA 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

The IA cannot be converted into the proposed counter.

You may have to withdraw the IA if you do not want to continue with the IA proceedings.

You may have to file a separate counter to the main petition.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

- You can move an application before the court for the same. 

 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

There are no ready made drafts/memo available . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes it's applicable to all court sessions if not be able to . You need to contest us in future

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer