1) What will happen, on the hearing day in front of Judge.? Totall how many hearing will be coundeted in RCR case.?
2) What is the duration period between every Three RCR summons to my wife place? will it take a year or a Month.....?
3) Is it possible Myself able to Transfer the RCR from Kalyan (Thane) to Kerala state through SC. Is that any ready made document available. and how much time it takes to transfer the RCR to Kerala State.
Goutam Prasad (Advocate) 05 December 2012
See, in any civil case including the RCR, ordinarily following dates or stage happens:
1. Issuance of service - 1
2. If service gets completed, filing of reply - 1 or 2 (within 90 days of service of summons)
3. Filing of rejoinder - 1
4. Filing of Documents - 1
5. Admission / Denial by each party - 1
6. Framing of issues - 1
7. Evidence - Approx. 4 (In case of only two parties procedure being both Examiniation in chief and Cross)
8. Argument - 1
9. Order - 1
Abovementioned number of dates is minimum and more dates may be required in case of more than one plaintiff or respondent and unnecessary adjournments, if any.
Normally, service of summons within same city gets completed within month but in case of outstation summons that too in different state it may take long.
There is no ready made document available for transfer cases to be filed in Supreme Court. Such case in SC requires approx. 8 moths for complete disposal.
karthi (nil) 05 December 2012
My husband applied for RCR and we both attended two counselling. In the first counselling we both are express interest to live. The counsellor has noted down our statement. But in second counselling he refused to live with me. And he wanted to withdraw the RCR Case and he wanted to divorce me. My question is
1. Can he withdraw the case immediately? Whether he can apply for divorce?
2. Can i file a case against him?
Goutam Prasad (Advocate) 06 December 2012
@ Ganesh Krishnamurthy
You can withdraw your RCR Case. But, prayer should be technical one that you want to withdraw for filing the same afresh in Kerla Court.
Goutam Prasad (Advocate) 06 December 2012
@Karthi
No law prohibits one to withdraw RCR and file for divorce.
However, if you find any discripancy in terms of the circumstances that stated in RCR petition and that in divorce, it will entitle you to file application for purjury under section 340 of Cr.P.C.
Such discripancy can be helpful to oppose and contest divorce suit too.
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