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ravi (Eng)     15 May 2015

Rcr and attendance of other party

hi,

I have filed a rcr against my wife. She is now at her parental home.

 

While filing the case, I mistakenly gave wrong address of my wife's parental house (plot & street numbers were wrong).. So, I am not sure whether the case documents were delivered to her or not. (Though the post office people are saying postman knew this family, so he delivered it to her.)

 

Also, she did not appear for the first date of rcr case. So it is a possibility that the court papers may not have been delivered on correct address.

 

1. What shall I do now? Can I ask my lawyer to send another copy on correct address?

 

2. How can I get to know if she has not received the docs or is she deliberately not appearing?

 

3. Another issue is I am staying in different State for job and the rcr is filed in my home town. I can't get leave frequently and can't travel often there. So, For first few counselling sessions are both the partners required to be present at the same time? or can I give my separate statement even if other party does not appear?

 

4. how can i correct the address in court docs?



 8 Replies

bsrao   15 May 2015

First, you need correct address and service of notice is necessary. 

nikhil singh (Advocate)     15 May 2015

There is a procedure of court and everybody has to follow that procedure. U cant just go to the court and say that send the court notices to some other address. Request your Learned advcoate to file an application for amendament of address of Respondent. Court will allow the same and then court notices will be sent on the amended address. If the court notices will be served to her she will defeinately mark her pressence to the court or in case she does not appear court will tell you that notices are served to her or not. Might she will file a Transfer petition to the Supreme Court if she is residing in some other state. There is no requirment of your to attend each date of court.

For further assistance fell free to contact on
Nikhil Singh
Advocate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in
+917838078186, +919352444446  

ravi (Eng)     16 May 2015

Thank you for your replies..

 

For this case, next date of court is in next month (JUNE). I am planning to attend this date of counselling and I also want her (wife) to attend it. I aksed my lawyer to file an application for amendament of address of Respondent, BEFORE NEXT DATE and send her papers on correct address. So that she can come on next date.

 

1) My lawyer is saying I can file that application for address change only on next date given to us and not before that. Is it right?

 

2) Lawyer is also saying we will have to get fresh summons (after change of address) and send it to her. Is it right?

 

3) For first few counselling sessions are both the partners required to be present at the same time? or CAN I GIVE MY SEPARATE STATEMENT EVEN IF OTHER PARTY DOES NOT APPEAR?

 

4) What is the criteria for ex-party decision? I mean how many dates (chances) would be given to her to appear?

 

ravi (Eng)     16 May 2015

pls guide..

ravi (Eng)     17 May 2015

pls guide me...

T. Kalaiselvan, Advocate (Advocate)     17 May 2015

1) My lawyer is saying I can file that application for address change only on next date given to us and not before that. Is it right?

Your laweyer is right, what is the reason you are cross checking him?  The court cannot act as per your fancies and whims.

 

2) Lawyer is also saying we will have to get fresh summons (after change of address) and send it to her. Is it right?

In the next date of hearing if the court is informed that the summons could not be served on her due to wrong address, the court will ask you to file fresh summons with correct address and if you are able to file it on the same day, on the next date of hearing the court will confirm the service of summons to her accordingly.

 

 

3) For first few counselling sessions are both the partners required to be present at the same time? or CAN I GIVE MY SEPARATE STATEMENT EVEN IF OTHER PARTY DOES NOT APPEAR?

Clonselling will start only when both the parties apear before the court and not with one party being absent.

 

 

4) What is the criteria for ex-party decision? I mean how many dates (chances) would be given to her to appear?

Once she receives the summons and chooses not to appear before the court on the stipulated date of eharing, the court at its discretion may set her exarte and and order will be passed after takingb your exparte evidence.

 

All your questions, in my opinion have been answered by your lawyer properly  but you are cross checking him for the reasons only you know. 

ravi (Eng)     18 May 2015

Thanks Kalaiselvan ji..

 

My only concern is that she has to appear for the counselling session on next date (june).

Already for last 2 dates she did not come (not sure about the reason).  If we file the address change application on next date then the counselling will be delayed by another 2 months. That is why I was checking if we can file an application & get fresh summon now and send it to her. So that she will have appear on next date.

 

Adv k . mahesh (advocate)     18 May 2015

1. In first instance why you gave wrong address and now after sending the notice you feel that she should attend even after giving wrong address

2. And now you are pressuring your lawyer to act without following due process of law

3. what was your intention before filing the case towards your wife

4. directly in the court without your case in the causelist you cannot file any amendment petition and after seening the facts for amendment petition court will order the petition and summons to issue to your wife

5. keep faith in your lawyer and do not interupt him on his duty towards your case and this is only initial stage


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