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sanjeev pawar (service)     19 November 2012

Absense in rcr and 125 counsellling

Dear sir, request you to kindly enlighten me on this subject

i received RCR notice from wife and before first counselling session. i received sec 125 notice by post as well. on first day of counselling my lawyer asked to club  both the cases and do counselling for both of them

i attended first day of counselling for both 125 and RCR, now due to job constriants i am not able to attend the second session. i informed my lawyer about this. he told me that he will handle this absence.

i want to know, will my absence have any adverse effect on my RCR and divorce case. and what happens if by chance my lawyer  misses to inform the court about my absence. 

what is maximum time i can take an off for counselling since i am working in a private firm and i fear the loss of job if i take leaves. one day of couselling takes 3 days off from my job as the cases are filed in another state.

pls guide me as i dont want to lose my job as well as i dont want an adverse effect on my case.

i have already filed a divorce case in my city. we attended  the first counselling session here. on the second date she was absent and her  lawyer requested another date. 

pls help me as i am very anxious. as i dont want to do anything against the court proceedings

thanks everybody



Learning

 2 Replies

Tajobsindia (Senior Partner )     19 November 2012

What a parallel ! Your wife took adjournment in your case yet you never heard any negative impact it gave to her. Same way you are here seeking adjournment in her case in her city yet writing so many paras and showing all sorts of worry. All that you could have done was to study her adjournment and could have applied to yours simple and straight logics applied.
Anyhow, the best thing that you can do is to send a RPAD letter to the Court citing your Job and difficulty in seeking leave and pray for adjournment for next mediation date. The Court will grant that and maximum the mediation can stretch to 90 days as per Law. Hence within 90 days some conclusion needs to be arrived at. I have answered all your three questions herein re-read them calmly and take note of the same.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

Strictly speaking, there should be no impact. But you should go and close the mediation once and for all, in that case you would fight the cases on merits only.

 

 

Regards,

 

Shonee Kapoor


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