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Reshma   17 March 2017

Steps sequences in conjugal rights case

hello everyone, my stage of the case in section 9 is in enquriy stage. what will happen next in my case? basicially my husband left me and i filed this case to join with him one year back. please what are the steps sequences in conjugal rights case? how long it will take to get orders?



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 5 Replies


(Guest)
Originally posted by : Reshma
hello everyone, my stage of the case in section 9 is in enquriy stage. what will happen next in my case? basicially my husband left me and i filed this case to join with him one year back. please what are the steps sequences in conjugal rights case? how long it will take to get orders?
     

Like sidhhu ran away from BJP, your husband ran away?  What did you do to him?

 

Sequence of any court case will be as follows,

1.  Complaint (criminal), or Petition (family court/DV).  When wife files DV or divorce case, she is petitioner.  If you file divorce case, you are petitioner.
2.  Written statement, or commonly called objection to be filed by respondent (not in criminal)
3.  Frame of issues (civil), framing of charges (criminal)
4.  Trial – Evidence by witnesses, then cross-exam of witnesses by respondent’s lawyer
5.  Evidence by respondent, then his/her cross exam.
6.  Arguments.
7.  Further arguments if any.
8.  Order/Judgment
9.  Appeal/Revision etc in same court or High Court if any party challenges the order

 

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Reshma   19 March 2017

thanks for details sir. my husband lawyer filed counter two months back. judge is keep posting the case for enquiry. does this mean framing of issues or trail has begun? when will court ask husband to appear?

(Guest)

There is no need for the respondent husband to appear in court unless he is required to give evidence of be present for cross examination.  His advocate will appear on behalf of himi.  How much time court will take to finish this case that cant be predicted.  RCR cases go on for years and the outcome cannot be predicted.  Even if court gives order in your favour, your husband cant be compelled to come sleep beside you.  You cant get back your husband.  Your marriage is over the moment you filed case.

 

 If you want husband back try to win him with love and affection rather than asking same through court.  In court you get date.  Nothing else.  If you dont want to personally try solving this matter, then its better to simply file mutual divorce and finish matter in 6 months.  Only you are at loss, you wont have any takers after 35 years of age, not him, he can marry remarry even at 60 and produce kids not you.  So hurry.  IF you have crossed 35, then you have lot of time to visit courts.  Sky is the limit.

 


अगर आपको मेरा सुझाव अच्छा लगा तोह निच्चे लिखे बटन पे क्लिक करके अपना धन्यवाद प्रकट करे या फिर मेरा प्रोफाइल पेज पैर भी आप लिखे बटन क्लिक करके अपना धन्यवाद प्रकट करसकते हैं.

जिसका लिंक निच्चे दी गई हे.

https://www.lawyersclubindia.com/profile.asp?member_id=84464

Reshma   19 March 2017

i understand your suggestions sir. my lawyer is telling me not to go for settlement. what is this enquiry stage sir? what will happen now?


(Guest)
Originally posted by : Reshma
i understand your suggestions sir. my lawyer is telling me not to go for settlement. what is this enquiry stage sir? what will happen now?

Mam,

 

If you dont go for settlement, case will linger on for another 3 years, till that time you will have to pay advocate fees.  So he is telling dont go for settlement.  You ask him will he get your husband back?  Will he set right your marriage?  He only will thinkof how to pocket fees from you.  Enquiry is done during cross examination of respondent husband as well as yourself.   Dont delay matter, ask judge that you wnt to settle matter, by taking one time alimony, ask reasonable amount 5 to 6 lakhs, take it and move on in life, dont ever keep high hopes of 10 lacs 30 lacs or huge bungalow.  All that to get is not possible.  Be reasonable in your demands, even his arse is stuck until the case is disposed off.  So be easy at least now on the already over relationship.  The more you make it hard for settlement, the more long you pull the case without any result.  Always remember in matrimonial cases, loser is always woman due to limited shelf life.

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