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What would be consequence after getting expertie

Page no : 2

Maintenancevictim (Own)     12 November 2014

I have posted a related question in a different. Repeating it here

In my RCR case, wife filed for a stay and transfer of the case to her place. When she didnt appear for the first hearing, judge set the case as ex-parte. Before i could give my evidence, we got the HC interim stay. As on date, the HC interim stay expired and there is no fresh application. In the latest hearing, district judge has ordered my wife either to confirm whether she will seek further stay or to file a counter. The next hearing is set after 30 days

My questions are:

1. If she doesnt act till next hearing, can i request the judge to record my evidence and issue ex-parte orders?

2. Since the transfer petition is still active in High court, should i just wait for her to make a next move. How long should i wait before approaching the court to dismiss the transfer petition on the grounds that there is no request / action from her side even after the expiry of interim stay?

3. In case she approaches the High court to restart the transfer petition after the ex-parte orders are passed by the District judge, can i contest that the case shouldnt be set aside since the district court gave her sufficent time to respond?

Fight for justice (Consultant)     16 November 2014

Hello

 

Many thanks for positing your queries .can i get your email id /contact details in my email id mrabhijti2k@gmail.com.I would like to discuss with you ..

Adv. Chandrasekhar (Advocate)     16 November 2014

@ Abhijit Kumar, What your advocate is doing right.  If you get RCR decree exparte, he will ask you to wait for one year and later on move divorce petition, one more case, on the ground of non-cohabitation one year since the date of RCR decree.  On that ground, by simple method, you can gett divorce.  But if your wife starts to attend in divorce case and informs that she was not aware of of the RCR case, then you will be in big soup.  Ask your advocate about such situation and take care that exparte decree in RCR shall be taken only after successful serving of summons (notice) to her effectively.

Adv. Chandrasekhar (Advocate)     16 November 2014

@maintenancevictim, The procedure from high court to high court varies.  Generally, stay will be granted till the next date of hearing and the stay continues till the disposal of the case.  So, my advice is that you better contest or concede her request in transfer case before proceeding further in RCR.  Generally, once you put your appearance in H.C. , the court may ask the parties to go for mediation. 

Fight for justice (Consultant)     16 November 2014

Dear Chandrasekhar sir

Can i get your email id /Contact number please. 

Kiran Kumar (Business Consultant)     17 November 2014

I have a similar situation... My wife stayed with me for 1 month of time after marriage and left me saying that she is pregnant.. in 2010 Oct ....marriage was happened in sept. She left from me and filed a divorce petion on cruelity(13 B looks like a fav section for women to defence) and asking for maintainance..as I have not attended it and the case stands exparte...and now I came to know..she filed it on Dec 2011..how much time do I need to wait for to get the divorce papers in hand ? I have no intention of contesting such a crap case as I have lost 3 precious yrs in my life...pls let me know how much time will it take for exparte divorce papers to come ..so that I can start stabilize my life back...


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