Maintenancevictim (Own) 14 February 2015

Rcr related query

Hi all

My situation - wife left in Nov 2013. I filed RCR in June 2014. First hearing was in august. Wife filed Transfer petition in HC and got interim stay fo 10 weeks. after expiry of interim stay in October, no further extension from HC even though the petition is pending. We filed counter and no hearing on the counter so far

Meanwhile in the family court there have been 7 hearings but wife didnt attend a single hearing. Neither has her lawyer

My questions are:

1. Does law specify any time frame in RCR after which we can request Ex Parte? or is it at Judge's discretion?Any judgements in this regard?

2. Is the time frame valid when there is a open transition petition but no stay from HC? Again any judgements in this regard?

Reply Follow

4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 15 February 2015

Dear, Its that you have yo push the judge to proceed the case exparte as soon he can ..... Yes there may be certain judgements but the same are not within my knowledge as of now .... Kapil Chandna Adv 9899011450

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 15 February 2015

Pl. note that there is no time frame as such. But service to the respondent is received and confirmed and hearings are concluded, Hon'ble judge passes order. Any way time should not take more than 2 years.

Advocate Ravinder (Advocate/Attorney) 16 February 2015

Yes you can request the court to set exparte the case. The court after defautls of 2 or 3 hearings may set exparte the respondent and grant the relief you prayed for in your RCR.

T. Kalaiselvan, Advocate (Advocate) 18 February 2015

If the interim stay is no more under operation, you may insist before the trial court to expedite the case in the absence of the other side quoting that they indulge in unnecessary dilatory tactics, you may ask your lawyer to put pressure before the court and get an ex-parte decree, but please remember that the other side will immediately come with an application to set aside the exparte decree/order and the court will oblige to do so. Also even if there is a RCR decree in your favor, the court may not be able to exert pressure on your wife to live with you , it will be her own will and wish to live with you or not, therefore please think twice before rushing up things.