Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Maintenancevictim (Own)     02 August 2015

Exparte set aside request in rcr

Hi all

Brief overview of my RCR case  - I file RCR last July in my local FC. Wife applies for transfer petition and excuse from personal appearance 10 days before first hearing. SC grants stay of 6weeks. By the time it reaches FC, first hearing done and FC judge sets the proceedings as exparte. In next hearing SC stay expires and FC judge gave three hearings but wife didnt appear. Finally, 5 months later, HC transfers RCR to wife's location. Now wife, at her location, files a set aside citing " misunderstanding that i was exempted from personal appearance" and " lawyer who filed the case in HC didnt inform me " as reasons for set aside

1. Can I contest this and request FC at her location to continue proceedings Ex Parte?

2. Do the above conditions satisfy "Sufficient cause"?

3. What is a good strategy here - contest exparte set aside on technicalities or allow set aside and fight the case on its merits



Learning

 4 Replies


(Guest)

RCR is pretty useless.

Even if you win or she wins the RCR, nobody can make each other stay with each other, in other woards sleep with each other, at the most one can go for execution proceedings and if the opposite party is asked to join back with spouse does not adhere to it, court can attach proeprty in his or her name.  and from date of such order of RCR 1 year time limit is there, where either of the spouse which has the order does not obey / adhere, can apply for divorce based on nonadherence of such order and divorce will be granted.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 August 2015

 

What made her initially to approach SC directly? Keeping aside the other things U have cited, fight the case on merits.

T. Kalaiselvan, Advocate (Advocate)     12 August 2015

The views of Mr. Gyan Prakash are most acceptable. In the meantime you may answer the queries raised by learned advocate Mr. Sainath Devala too. 

Deepak Gurappa   31 August 2018

Can I get citation and judgement of early filling of divorce petition after rcr order ,i.e 8month after exparty orders of rcr

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