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wishal (sr)     19 February 2015

Rcr if we file and wife doesnt appear in court

respected sir,

in my case i got married in last feb 2014 and after 2 months she went back to her home. and demanded weird things like they want me to be GAR JAMAI cause she is the only daughter. after lot of meeting from our end for 1 year he is ready for divorce. now he is asking a big chunk of money which i cant pay. and now their rudness is pay this much o fmoney otherwise i dont want to talk and my daughter will stay with me and we will spoil ur life.

now if i file RCR cause i know she will not come back cause divorce is decided. then what are benefits to me? if she doesnt appear in court then how long can she avoid to appear in court?

can we have any rule that we can have bailable summons on her to appear in court?

how long time court gives to her to appear and file her reply from the day we file the case?

Is it a good way to get divorce early?

before filing a case in court can we issue a notice to her home regarding divorce? 



Learning

 4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     19 February 2015

1) pray court for warrant for appearance if proper summon is aleady issued n recd by her but not appearing. Court may agree to do so

dr.pawan rajyan (member and secretory)     20 February 2015

If you are dead sure she will not come back only than file RCR. If she does not appear for 3 Hearings you may ask judge to ex.party. In this way wait for one more year after ex party to execuit it.then you got divorce. if she does not appear you have not to give her maintainance or ailomony. but not so simple because as she get notice of Rcr her lawyer advise him to file sect 24,, And other counter blast as dv 498a 125 Crpc And so on. so better you decide. regards

(Guest)

Its not easy as it appears.  


No use filing RCR.


Its waste of time.


Send notice trough lawyer.  and give her 15 days to 2 months time, state that you will be forced to file for divorce if she does not come back to you.  And subsequently file divorce petition. 

T. Kalaiselvan, Advocate (Advocate)     21 February 2015

The suggestion made by Mr. Helping hand seems to be more suitable and in my opinion you may better go by that or consult your lawyer on the issues and proceed as per his further advise on the subject.


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