RCR Case
Anup Chandra
(Querist) 18 July 2011
This query is : Resolved
Hello, My wife left my matrimonial home before four months, we have no kids, before two months i sent a legal notice which she did not replied, i filed RCR case against her after one month of sending a legal notice. my first hearing is due after one month, kindly suggest me the following :
1. Should i send her the court notice and ask her to appear for the hearing?
2. If after getting the court order she will not appear in the court then what will be hearing process ?
3. If she kept herself absent from the court then can i ask court to give me permission to file for the exparty divorce?
regards
R.R. KRISHNAA
(Expert) 18 July 2011
Dear anup
You say that you have recently filed RCR. Court notice itself is sufficient. You need not send separate notice unless necessary.
Usually parties appear on receiving notice from court. Just wait for the court notice to reach your wife. Even after receipt of notice if your wife does not appear in court, the court may take further steps to issue fresh notice and even after such fresh notice if your wife does not appear the court may proceed to give you ex parte divorce.
Best wishes
Devajyoti Barman
(Expert) 18 July 2011
1. After registering the case the summons of the suit s supposed to be sent by both the court and you. Apart from that you need not send any other notice.
2. If the service of summons is completed then the court would post the case for ex parte hearing.
3. Yes but before that you have to satisfy the court about the plaint case.
G. ARAVINTHAN
(Expert) 19 July 2011
let her appear before court and see what she says
Anup Chandra
(Querist) 19 July 2011
Thanks all for your expert comments. It was really appreciated and valued. Hondestly, I also want to get separated from her but as per the advice of my lawyer i initially filed an RCR to avoid any criminal charges against me. As we are staying separately for more than four months now, i require the court to grant me ex parte immediately and also wanted to understand if she files any maintenance claim after knowing that i have filed an RCR against her and she may also take the help of law. kindly suggest. Thanks is advance.
