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Srinivasan (IT)     06 August 2017

Joint trial

Hi all,

I filed for RCR and after that wife fillled for Return of things and Divorce. All the three OP's are jointly tried and Divorce as leading case. Wife filled Affidavit and cross examined for one day and after that she is not appearing to the court for last 7-8 months. Judge has given last chance for appearing for further examination.In this sinario my question is

1. Wheather I will get RCR expartee by dismissing wife's Two cases?

2. Or Can I ask court to close wife's evidance in order to start my cross to get contested Degree

Experts pls 


 4 Replies

Naman Gupta (Legal Consultation)     06 August 2017

Yes you can seek exparte order u/s 9 for RCR and also the court can strikeoff prosecution evidence in case your wife and her councel are avoiding the court proceedings. Although if your wife and her councel are not appearing in the court, you must seek dismissal of dv and divorce from the court.

Srinivasan (IT)     06 August 2017

Thanks for the reply

actually wife has filed proof affidavit and given evidance for one day but after that she is not appearing. so I want to know whether court will close her evidance in order to provide my evidance or court will dismiss her case 

Azhagananth (Lawyer)     06 August 2017

The correct will close her evidence. even if Exparte is passed is passed, it not after full , it may be restored and heard against. if the evidence is cosed and proceeded with your side Evidence and after arguments the Order passsed will be on merit. 

Srinivasan (IT)     06 August 2017

Thanks Azhakharnath

If she is not given proof affidavit in this sinario case will be dismissed .or ex partee once she has given affidavit and cross examine started with out her non appearence judge can close her evidance in order to provide my evidance 

am I right

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