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radhika (housewife)     17 January 2013

Rcr hearing...

Hi, my husband has filed a case in Ahmedabad in yr 2012,RCR section 9 , i just received one summon, and since then i have not received any other notice, so not aware bout the next hearing date. as i have not appeared in the court, as I stay in delhi. I know i am late, now I have hired a lawyer and he is helping me in transfering the case to delhi, so my question is

1. in the transfer application, is the next date of hearing required? 

2. wht could be the reason tht since march 2012, after first summon, i have not received any other notice.. i am also aware tht he has not withdrawn the case as well.

and as i have been given lot of tortuer, i dont want to stay with him and want him to give me divorce. but he is not ready as he knows tht he has to pay me the alimony.  so the moto of RCR sect 9 is he wants to be on a safer side.... and i cannot file anyother harrasment case on him... but for now my main focus is on the 2 questions i avhe asked.....



Learning

 6 Replies

Tajobsindia (Senior Partner )     17 January 2013

For your 1 : Yes NDOH is required to be mentioned in one of the Para.

For your 2: Probably the NDOH in
AMD Court is too far a date given. Probably since Mar. 2012 till date there may be an ex part order by now whose kowledge you donot have. Probably the Notices are served at alternate address. Probably the case has been transferred to another Court in his place due to local Circular / Order and due process is pending for next date of hearing or issue fresh Notice whatever case then may be. Probably the case itself is dismissed as withdrawn by him and court website has not updated case status etc. etc.

Observation(s) on rest of your brief:
If you succeed in RCR transfer to Delhi via SC after meeting legal fees of a SC AOR and still have same stand that you donot wish to rejoin matrimony but want Divorce then why not file Divorce matter here in Delhi instead of making efforts at SC to get his RCR transferred? By you not going (means attending) at Ahmedabad his RCR even if he wins his RCR that does not mean you have to join his company. After 1 year of its Decree Execution he can get divorce from Court when you don’t comply RCR decree. On Alimony or (maintenance) part you can very well make attempts to claim under your Divorce matters which I suggested to file in
Delhi. By filing simply RCR one does not prove no harassment given or whatever you are made to think in your last three lines.

By following above the legal fees you pay to get RCR transferred to
Delhi could well be utilized in a Divorce suit when the thought is not to join him but want divorce and alimony or maintenance?

1 Like

ABHISHEK KUMAR VATSA (Freelancer)     17 January 2013

hi radhika,

Ofcourse the next date is necessary in the transfer of application. and the second thing you can plead this thing before court that you were not getting any notices so you were unaware of the date of your hearing.And there are other way out for divorce. Just harrasment charges are not the only option left with you .

regards

abhi(dot)kumar9law@gmail(dot)com

radhika (housewife)     17 January 2013

Hi ... thank you to both of you for a promt reply... my question is for Tajobsinda: he will get the divorce or he will have the ground to file for a divorce... secondly,  i do agree with u completely why not to utilize money on divorce rather than on RCR, but i m confused... i mean plz dont mind it...but why lawyer have a different opnion on RCR transfer(my case) some of they not matter if u need a divorce or u put any harrasment case, but I should still not leave the RCR case unattended, either i attend or get the transfer done.  as this can go against me...

Thank you again for your reply ... but i know its very tough and will not get free so easily... becasue he can.. i mean he will put character allegations on me, i m sure about it.... because with husband's this is their last only weapon ..characterless wife...

one more thing.. in his RCR, he has mentioned tht for one year we were staying happily and in the second of my marriage my wife(I) started giving him mental torture tht he has to leave his job and shilf to delhi. Also mention, i (husband) have some more facts tht i want to reserve and will share when it is required.  i dont know wht he will say becasue i m sure tht I did not do thing any worng, also i approached women commission and there also he refused to accept me and did not alow to enter the house, and he put condition tht she has to fullfill all our demands, she has to do what I and my paretns ask her to do ....so, i hve a letter stating tht i can take a legal action against my husbnd....but one thing i want to share he may be talking about the incedent tht , i was in office and his mother attempted sucide and she wrote a letter tht my daughter-in-law has given me of lot of torture and taking my son away, so i am dying..the case went to police station, and for 2 days i was not aware, my husband told me tht his parents vhe gone to some relatives, in the statement they hvae written and i was also asked to say tht by mistake she has taken the poision... instead of her medicine... so he will put the blame on me tht i have given them lot of torture..... wht do u thing???? 

ABHISHEK KUMAR VATSA (Freelancer)     17 January 2013

If he is filing for RCR he will not do that becz he wants you back and putting allegations will not help him and if he is putting allegations of mental trauma or anything else he better be asking for divorce and i guess thats okey with u too.

regards

abhi(dot)kumar9law@gmail(dot)com

Tajobsindia (Senior Partner )     17 January 2013

1. For your question to me; he will get ground for ‘divorce decree’

1.1 For your rest of the questions herein probably to me, I will give them a pass.

SurenderKumar (Advocate)     18 January 2013

Try for emicable settelment


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