ram (none) 09 May 2013

Rcr - decree - supreme court transfer

my spouse had filed Divorce @ bangalore in sep, 2011 and i filed rcr in June 2012 @ chennai, once i filed RCR, i got summon from bangalore. My rcr in chennai is still pending and its been 1yr. my spouse had attended only one hearing after she had not come for chennai court. however lawyer attends regularly both in banglore and chennai.

Now my wife had applied to transfer the chennai RCR case that i've filed to Bangalore court. In supreme court , the transfer case is pending and she also applied for EX-PARTY stay in supreme court as wel.

I'm my hearing in chennai on June 28th. If supreme court transfer doesn't happen by that time. would the judge provide an exparty decision.. His lawyer had mentioned in the court that they had filed for transfer case.

since my wife is not attending the court for 1yr. continously can the chennai family court provide judgement even though transfer is pending..

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3 Replies

Tajobsindia (Senior Partner ) 10 May 2013

1. The Court will adjourn the matter
2. Probably no ex part Judgment will come through coming 28^th. One should have pressed earlier for the same not when concerned Court is made aware of pending transfer status is my view.

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ram (none) 10 May 2013

Does it mean even if the status is pending.. for 3 months in supreme court. Would the fmaily court won't give judgement as she had been continously not coming.

Seconldy, I've left my job as well so that i avoid alimony. My spouse had already taken my jewels etc.., On the worst case, i don;t want to pay alimony.also any thoughts!!

Tajobsindia (Senior Partner ) 10 May 2013

Re-read once again what I replied earlier; “you should have stressed for the same earlier’ for a simple reason no Stay granted by Hon’ble Apex Court.

For your query on alimony it is not that simple an reply one shoudl expect by mere hearing ‘I donot wish to pay alimony’ for the same more facts needed starting from date of marriage till living seperate from each other r/w status, education details, income details, assets holdings, remaining years left for her re-marriage, your capacity etc. etc. etc.