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(Guest)

Ex-parte RCR

Dear Experts,

Marriage happended in Jan-11, wife did not stay in inlaws place due to job, claimed that she will transfer within 3 months, after 3 months she refused to transfer, Non consummation of marriage till date, wife had a mental block in having a physical relationship. RCR filed in June, wife did not come for the 1st hearing next hearing is on Sept-27th. Can i push for exparte if she does not come to this hearing also, in that case how many months would it take to get a decree. Please advice.

After decree I plan to go for divorce under cruelty for non consummation of marriage if she does not agree for mutual divorce, is this a good idea.



Learning

 19 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 September 2011

You have taken a longer route to Divorce.

 

The court would give few dates before it considers ex-parte.

 

And ex-parte also doesnot happen in a day, it takes next date for evidence and all.

 

If she is watching, she would appear just before decision and would force the complete trial to run again.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

shrinivasg Advocate. (N)     15 September 2011

To SB Manager,

What is ultimate intention of  you spouse  is not clear as she did not attend the case. RCR closes after evidence and arguments,hence court gives dates. If RCR is in her favour how you can file suit of divorce immediately showing cruelty? unless there are serious and continuous events and solid evidence. You may  request  her on phone sms  or by letter to attend the case and depose about this matter to the court, if she does not respond , you may send her notice to join you again,otherwise your intention to take further step of divorce. However let us see and let me know what happens on 27/09/2011 

1 Like

Adv. Chandrasekhar (Advocate)     15 September 2011

To avoid Section 14 (1), you had taken such a long route.  Instead of that you should have filed divorce petition with interim application under Section 14 to get leave to file the divorce within one year of the marriage. 

I perceive that the wife's employment is a sufficient ground for her to refuse to come to matrimonial home and that ground may upset your RCR. Sit with your advocate and chalk out a proper strategy.


(Guest)
Dear Members, Thank you, Pls let me know what is the quickest way to get out of this, We tried to path up few months back but she and my inlaws had accused me of being impotenet, I have recordings of her telling me that she is sorry that she wasnt able to satisfy me physically. Can I cancel the RCR and go for divorce under cruelty. She doesnt want to live with me, doesnt want physical relationship, is not ready to do any household work, will not contribute for family expeneses from her salary, did not agree to register the marriage, is not ready to change the surname stating that it amounts to slavery. I'm 32 and if i'm spending more time on this my family life will be closed and i might have to stay single all my life which i dont want to.

Adv. Chandrasekhar (Advocate)     15 September 2011

Except refusal of physical relationship, none of the reasons you mentioned come under the category of cruelty.  If you are confident to prove tht ground then go for divorce on the ground of cruelty, but if you are filing the petition of divorce within one year, you have to move application along with it under Section 14 of the Act.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 September 2011

QUICKEST WAY TO GET DIVORCE.

 

When I would find it, I would sell it to half of divorce seekers.

 

Let me tell you one thing, if one party comes to play delay tactics, they can play it for pretty long time.

 

However don't loose heart, you have to rethink your stratergy, for according to my humble understanding you have choosen the longest possible route.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com
 

1 Like

Ghajini (SSE)     16 September 2011

Rightly said by Shonee Sir..

Also it depends a lot on the lawyer, if he is quite active and smart , he can take shorter dates and get the case close ASAP.

Like in my case i filed RCR in May 2010 - first date she didnt come in July 2010 , on first date itself we took for dasti summons, My self went to serve the summons to her city. After that next date- which was in July 2010 , she didnt come...then one more date in mid August 2010 , she didnt come third time..

Finally on Sept 6, 2010 RCR orders were in my hand :) , I think I was quite lucky..

1 Like

(Guest)
Thank you sir's. I hope to get the decree by Nov or Dec, She had told that we could go for a mutual divorce but i dont trust her, any female who tells a blatant lie that her husband is impotent when she has a problem cannot be trusted. I will file for divorce in Jan, Then it's god's will, I hope it will get over soon.

(Guest)

She doesnt want to live with me, doesnt want physical relationship, is not ready to do any household work, will not contribute for family expeneses from her salary, did not agree to register the marriage, is not ready to change the surname stating that it amounts to slavery... now the focus is money my boy...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 September 2011

Ghazini, You were indeed lucky. SB, Which State/ HC the case falls in? Regards, Shonee Kapoor harassed.by.498a@gmail.com

(Guest)
Well my focus is not money, BTW what is the meaning of marriage cohabitation and understanding, will it be ok if I earn and dont provide for the family, I'm not forcing her to go to work, thats her decision but at the same time she has responsbilities, you want me to keep quite if she goes to work and doesnt account for what she does, then i wouldnt be a husband, if thats your idea of marriage, i would rather be single and happy.

(Guest)
Shonee sir its in Chennai. Sir I also was going through some your earlier comments in this forum for queries from other members, you have been an exceptional help to all the people. Your comments are to the point and mature. Thank you again.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 September 2011

never mention my friend,

 

just that lives are stuck in cases and once cases start, it would be for long time.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)
As expected she did not turn up for yesterdays hearing, the Judge stated that ex-parte decree would be given on Oct-18th

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