Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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gopinath (IT)     20 December 2013

Need help on rcr

Hi,

First ofall I would like to describe my issue

My wife went her parents home after we had a quarrel and their parents abused us 5 time when we approached and now I have no other way except filing a RCR.

I approached a lawyer and she said she adviced me to file RCR and we filed a case, she gave me a case number and the hearing date after I signed some documents. 

Now after a month she says that the "seraster / therastar" was changed so the case has not been numbered and later she said she is trying again for almost 10 days now she now gave another case number and the hearing date.


Question : How can I check / verify whether this case number is correct or not?

Thanks All.



Learning

 6 Replies

ashoksrivastava (scientist)     20 December 2013

Originally posted by : gopinath

Hi,

First ofall I would like to describe my issue

My wife went her parents home after we had a quarrel and their parents abused us 5 time when we approached and now I have no other way except filing a RCR.

I approached a lawyer and she said she adviced me to file RCR and we filed a case, she gave me a case number and the hearing date after I signed some documents. 

Now after a month she says that the "seraster / therastar" was changed so the case has not been numbered and later she said she is trying again for almost 10 days now she now gave another case number and the hearing date.


Question : How can I check / verify whether this case number is correct or not?

Thanks All.

 @querist did you sign in family court register or not? Is there any issue regarding fee with the lawyer?

regards ASHOK

gopinath (IT)     20 December 2013

Hi Ashok, No I didnot sign on any court register, she gave me some case documents to be filed and she said she filed it now.


I paid the complete amount that she claimed for the case of 20K in advance.

Please guide me how can I verify whether My case is registered or not?


She also gave me the case number and the hearing date, the same thing happened last time and she said the "seraster / therastar" was changed so the case has not been numbered.


I am worried if I am being cheated, also I noticed that she got signature on the case file which was already signed by some one else and was erased with the eraser pen.

 

Your help is appreciated.

Thanks,

Gopinath Thirugannam

sandykrish (Interested in Family LAW)     20 December 2013

@ Gopinath, I am sorry to hear the status of you who has approached the court of law with little knowledge. Please ask your lawyer to accompany you to get the status of the case. I believe the case is still not registered in the court of law. In your case the high possibilities would be your lawyer would have joined the hands with other party lawyer for a settlement free.

How the RCR works:

1. Your lawyer prepares the petition under section 9 of HMA.

2. You go to court and sign the register.

3. MC number will be allotted and posted for order for summons by Judge.

4. Summons will be sent to the party

5. Summons will contain the date by which the other party has to file Vokalath.

6. If party don't turn up after receiving summons, the case will be decided x'party and your wife will be ordered to Join you.

7.If party does turn up her lawyer will file Vokalatham and the Judge will refer the matter to mediation cell, in mediation cell the matter will be with them for 60 days. If failed will be referred back to the court for trail.

8. Then Judge will either say the other party to file the Objections or the other party can take up to 3 dates depending upon several factors.

9 Once filed, you will be given date for evidence and your cross

10. Then her evidence and her cross examination

11. Then the next step will be argument

12. Finally the orders

These steps usually take between 6-18 months depending on several factors and nothing could be determined prima- facia. Lets assume the case is positive then you have to wait for 1 year if the other party doesn't turn up then you will be eligible to file divorce based on dessertion and mental cruelty. The whole process would take around 3-5 years in getting the decree of divorce.

By the way RCR is futile unless planned well. I am seriously unaware of the situation of your but pity they way you have fallen into the trap of the crooked lawyer. Please be aware of the Court proceedings.

Battle of Divorce is mentally won if you are aware of the process and aware of your wife's moves. Please strategize and plan accordingly. If you need any assistance please send me a PM I will exchange my contact details and you can share your concerns if you dont mind.

gopinath (IT)     21 December 2013

Hi Sandy,

I am much much worried now you cannot imagine how Iam and what state iam in I am really sorry I have to commit sucide to get ride of this mess, but I am worried about my parents they are more than 50+ now and I am the only son.

I dont want this life at all I dont want anyone in this world anyone anyone.


Tell me how can i verify without my lawyers knowledge since I cannot go against her, she can turn against me joining hands with my wife's party, i doubt that she is already joined her hands. I was ready to pay her money, I didnot even ask her how much she charge for the RCR case since I believed her completely completely more than anyone that i have ever believed in my life.


I am about to lose my job even, I didnt concentrate on my job for the past 3 months and i am put on the bench since I cannot concentrate on my job and clients are against me as well. i hope u understand my status.

Please please please guide me what can I do in this state?


I am in big trouble big big big trouble, some one please help me please I can pay them the consulting as well if you want.

Thanks,

Gopi

gopinath (IT)     21 December 2013

My number is nine one seven six seven seven three zero zero zero

gopinath (IT)     21 December 2013

Hi Sandy,


A vokalatham is fine to file a case with out my signature in the register? I signed the vokalatham.

Thanks,

Gopi


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