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(Guest)

Do i need to notice published in paper

Wife appeared through advocate at 3 RCR summon  and want time for response RCR case filed by husband. After that she avoid court date and court   process for exparte decree order next date. 

As wife know the RCR case filed against her and appeared but not answered.

(i) So in  this case do I need to publish notice  in paper before exparte decree ?

(ii) Do I need to execute RCR decree ?



 5 Replies

Laxmi Kant Joshi (Advocate )     16 August 2014

Once summons are served to her and she had appeared once in the court therefore you need not have to publish any thing in the newspaper, if exparte order goes in your favour and she doesn't appeal against the order even that you can not force her to live with you , after a year wait of her if she didn't join to you then you can file divorce case in the family court.

(Guest)
Originally posted by : laxmi kant joshi
Once summons are served to her and she had appeared once in the court therefore you need not have to publish any thing in the newspaper, if exparte order goes in your favour and she doesn't appeal against the order even that you can not force her to live with you , after a year wait of her if she didn't join to you then you can file divorce case in the family court.

Joshi Sir,

During RCR period she frequently returned and then left again and again. Don't obey me, threatened time to time. 

My question is after RCR exparte decree during this 1 year if she do same like behaviour, come my home and returned again and again, no conjugal relation grow, then which ground will be applicable for Divorce ?

Laxmi Kant Joshi (Advocate )     16 August 2014

If she joined you and repeats her previous act again and again and no conjugal relationship develops then its a cruelty upon you and on this ground you can file divorce u/s 13(1)(i-a) of hindu marriage act.

Laxmi Kant Joshi (Advocate )     16 August 2014

If she joined you and repeats her previous act again and again and no conjugal relationship develops then its a cruelty upon you and on this ground you can file divorce u/s 13(1)(i-a) of hindu marriage act.

T. Kalaiselvan, Advocate (Advocate)     22 August 2014

Under the given situation you do not have to do anything except watch the proceedings in the court, the court will take care of further issues.

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