Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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rcr notices avoiding

Querist : Anonymous (Querist) 12 October 2010 This query is : Resolved 
hindu,married one and half year ago only for two months of cohabition my wife deserted with pregnency(male child) as she wants as a inatumnsoninlaw.after attempts made to get back her & child i went for rcr.in reply notices they stated that dowry demand & necked out even they are ready to cohabit.but they did not come when i went to her with elders.i am a state govt employee.i filed rcr in june-10.three notices send her through court.but they are avoiding notices for the same address which is their own house.wantedly avoiding notices.recently they filed for mc.notices still to be serve.petitions filed in different districts.
1)what are steps to be taken?
2)the court cant be cosider as an ex parte?
3)is there any chance to file a writ to visit my child?
4)i am ready to give maitanance for my child.why should i give to my wife with her wrong?ready to pay the total amount in the name of child.
Devajyoti Barman (Expert) 12 October 2010
1. If she is persistently avoiding the notice then make a paper publication with the permission of the court after which you would no more be responsible for sending any notice.
2. If after paper publication she does not appear then ex parte hearing should be made.
3. For visiting the child you may file application in the same proceeding itself. No writ is allowed for that.
4. If your wife is not working then as per law you have give maintenance both to your wife and the child.
pawan sharma (Expert) 12 October 2010
yes, i do agree with Mr. Barman.
Raj Kumar Makkad (Expert) 12 October 2010
I have also similar opinion as of Barman.
Uma parameswaran (Expert) 12 October 2010
Apart from above in the counter petition to the MC petition you can inform the court about the RCR.
Querist : Anonymous (Querist) 13 October 2010
thanking you sirs.i follow the steps.


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