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Ambycabin   19 March 2017

Rcr_decree after 9 hearings with respondent absent

Hi Experts,

Can you please let me know if the RCR decree can be passed in Petitioner's favour if the respondent is not appearing/ Submitting Written statement for the RCR hearing in court.

Brief of the case;

1. Petitioner files RCR in March 2016

2. Respondent did not come for first 3 hearing.

3. Respondent appear on 4th hearing without lawyer and did not submit Written statement 

4. Respondent appeared 2 more times without lawyer and did not submit the written statement.

5. Respondent Signs the Mediation form in front of Judge and appears on 4 mediation dates and mediation fails.

6. After that Respondent not appearing for the hearings. Next date is in July 2017.






 7 Replies

Sachin (N.A)     19 March 2017

You need to put emphasis that court should grant exparty orders in favour of petitioner

ADVOCATE NITIN KAPOOR (Advocate)     19 March 2017

Yes, Ex-parte decree could be passed in the absence of Defendant. 

then after it has been passed, defendant could approach the Court for cancelling the ex-parte order on sufficient grounds 

Plaintiff could go for the execution of the orders. 

Serious advice from me would be to hire lawyer and contest your case.


Adv. Nitin Kapoor 



RCR is a weaker section. This can not be enforced on a party, although decree awarded. On the other hand exparte orders are temporary in nature and can always be challenged in higher court or in same court.  It will only further lengthen the process.  RCR is a toothless tiger.  So dont ask to pass exparte orders, it will lead to further wastage of time.  Let the case meet its natural end when opposite party will appear and trial will continue and case will be decided on basis of merits of the case. OK? So, ask your advocate to get summons/warrant issued as wife is not appearing in court.  She will appear and let the case finish naturally.

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Sachin (N.A)     19 March 2017

Originally posted by : Ramesh Singh
@sachin brother, What's the next step after exparte RCR.

After taking RCR degree one should write some love letters to other party to come and join if opposite pary doesn't revert or response is not justified. Then after one year file for divorce 

1 Like

Ambycabin   19 March 2017

Thanks experts for your valuable comments. Much Appreciated. Regards to all..

Ambycabin   19 March 2017

Thanks experts for your valuable comments. Much Appreciated. Regards to all..

K   09 July 2019

What happened finally? Did your wife appear or file ex parte

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