Upgrad LLM

if court notice not received then declared expaty?


I received a court notice about "Resitution of Conjugal Rights" to attend there my mother received it but as it is in other state so I didnt attend it. Now they might have send other notice but as I was not at home it was not received. Now next time also if I will be not at home then how many times the court tries. What will be the next step? And in future I will not be at home at all then will I be declared an exparty?

If I claim for dowry then can I get it if I will be declared exparty there?

Kindly help me in this respect as I am in trouble as I am with my parents and there they tochured me for dowry etc but I never claimed for anything as he said he will never give.

 
Reply   
 
advocate

as per first RCR notice got your mother, the court consider the notice has served, and more then 3 times the court send notice to your address and last chance the complainant issued  the public news paper regarding that you must attn the court so on so.  that time also you will not appear the court he will get exparty oder and same time you can apply review the petition the exparty order.


Total likes : 1 times

 
Reply   
 


advocate/notary

madam being a matrimonial case notice will be sent through court and post. since you are residing at a different place, ultimately they may cause a paper publication for your appearance. best is to appear in the court after verification and file a Transfer CMP before the concerned High Court to transfer the case to the jurisdiction where u are residing.


Total likes : 1 times

 
Reply   
 

Here I would like to know Can I apply for the transfer of the case to my state by applying the high court of my state? Or it has to applied in the high court of the state where is has been filed?

Also I need your guidance in that here I applied for maintainance but it was not send there by the lawyer. Notice is still in court.  Can I add to it Dowry recovery and for lumsum maintaince ? Or for Dowry recovery is it must to be proceeded with divorce filing?

If I attend the case there then will divorce take place if I say that I do not want to live with him? What will happen if I say solid reasons for not living with him?

 

 

 
Reply   
 
advocate/notary

madam why is that still you have not filed any petition for maintenance. pls file MC before the Family Court. without paying the Maintenance and legal expenses he is not entitled to contest the main case.

 

Transfer CMP you can file where you are residing now.

 


Total likes : 1 times

 
Reply   
 
propra

First of all, don't ignore notice by court...

Act before it is set down ex-parte.

 

If you want divorce, either file it as counter plea to husband RCR petition or file a separate suit in your state for divorce.

 

you need to attend the husband's case once and file an application of stay of proceeding stating that you intend to file transfer of suit in your state and you are unable to attend it in that state.

 

If you give cogent reason against restitution(RCR) no court would compell anyone to cohabit.

 

But if RCR is passed, then husband also can ask for each divorce.

 

You shud ask for return of dowry/streedhan articles as well as some reasonable maintenance and alimony.

 

I think you should contact alawyer.

 

To transfer petition to your state, you need to file it at supreme court. Don't get bogged down by word  SC.

You are allowed to file a simple application which tell that both have you filed suits in different states, but it needs to be heard together and you can't make it to other state due to your problems (commutation, financial, no relatves, friends etc etc etc )

 

But first ............... at least once go to court in other state and attend it and ask for more time and file an application /purshis at least which says you are going to file for transfer and mke a prayer to 'stay/suspend' the proceedings as well as give a very liberal hearing date after two three months etc.

 

you sound like you also need divorce...then bargain for return of articles etc and simply finish the matter, if there is no likelihood of playing a badmouth by other party afterwards ....

 

You may get maintenance and alimony.


Total likes : 1 times

 
Reply   
 
ADVOCATE

yes,

 

don't ignore notice by court...

Act before it is set down ex-parte.

 

If you want divorce, either file it as counter plea to husband RCR petition or file a separate suit in your state for divorce.

 

you need to attend the husband's case once and file an application of stay of proceeding stating that you intend to file transfer of suit in your state and you are unable to attend it in that state.

 

If you give cogent reason against restitution(RCR) no court would compell anyone to cohabit.

 

But if RCR is passed, then husband also can ask for each divorce.

 

You shud ask for return of dowry/streedhan articles as well as some reasonable maintenance and alimony.

 

I think you should contact alawyer.

 

To transfer petition to your state, you need to file it at supreme court. Don't get bogged down by word  SC.

You are allowed to file a simple application which tell that both have you filed suits in different states, but it needs to be heard together and you can't make it to other state due to your problems (commutation, financial, no relatves, friends etc etc etc )

 

But first ............... at least once go to court in other state and attend it and ask for more time and file an application /purshis at least which says you are going to file for transfer and mke a prayer to 'stay/suspend' the proceedings as well as give a very liberal hearing date after two three months etc.

 

you sound like you also need divorce...then bargain for return of articles etc and simply finish the matter, if there is no likelihood of playing a badmouth by other party afterwards ....

 

You may get maintenance and alimony.



Total likes : 1 times

 
Reply   
 

Thanks to all of you for your kind reply. I am going to file the maintainance case which is still in the court. I would like to know that by shall I proceed with that or shall I prepare a new matter again. In that I would like to claim the dowry recovery too. It was about maintainance in which the amounts mentioned was wriotten as paid by cheques for the amounts so and so . And rest by cash. But in actual the amounts were paid both by cheques and many by DD's and also by cash. Though total amounts mentioned was same but the amounts mentioned by cheques / DD's were less than the proofs that I have in my hand. If I proceed wioth that then can I tell the judge that the amounts mentioned were wrong but I have proof having paid more? How to add the dowry recovery to that case of maintainance? Or shall I proceed with the new matter mentioning the dowry claim also ? Judge that day said that the case cant be taken back. So by keeping it as such may I file another or proceed with that only showing proofs and also dowry recoery can be done with that? Kindly guid me in this respect. Thanks for all of your kind support.

 
Reply   
 

I want to apply for the transfer the case by supreme court but before that I want to apply for maintainance so that the chance of transfer may increase by saying that I have filed maintainance and both are to be heard together and also that I cant travel so long again and again. Is it correct or shall I apply directly for transfer. On what basis my case can be transferred easily? Can I also mention that I have bp also.

also let me know that as my case is still in the court as not send to my husband side. So can I proceed with other lawyer with other matter (As I want to change the matter in it.) Or I cant submit other papers but will have to proceed with the earlier ones only?

 
Reply   
 
UNEMPLOYED

how many times the court tries.

---     thries.

What will be the next step?

---     attend the court.

 

And in future I will not be at home at all then will I be declared an exparty?

---   yes.


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x