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rupesh (Engg)     02 November 2011

Rcr job and divorce ?

wife doing Govt job.  and not come in court in

RCR  case also not accept her husband and stay other city

what will can do if husband get decree but not told hus on the time of decree wife doing job. because of her lawyer cheeting with hus. now hus. not go in court then court call hus. what u want hub say she get a job.

so my Q- court give decree RCR? becoz till now she not come because court also not say to wife come and stay with husband and husband file RCR what happend on this case????


 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 November 2011

In case wife do not come present before court to defend her case then court shall proceed her ex-parte and decree accordingly shall be passed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2011

You should get RCR Decree ex-parte.


She may not get any maintenance as you have a RCR Decree in your favor.


One year after the passing of this decree you can go for divorce, if she doesnot join your company.


But I still am not sure about this RCR strategy of your lawyer.





Shonee Kapoor


Shailesh Kr. Shah (Advocate)     04 November 2011

rightly guided.

Pinaz Contractor (Advocate High Court)     04 November 2011

If any person refuses to accept summons or notice, it is considered to be a deemed service. 

You may apply to the Court to proceed ex-parte in your matter and get an Order directing your wife to reunite with you. 

However, no Court can force your wife to reside with you, hence if she does not come and reunite even after a decree in your RCR petition then you may file a divorce petition after a period of one year from the date of decree in RCR. 





Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2011

Yes, refusal is a deemed service.





Shonee Kapoor


aks sharma (software engineer)     21 November 2011

Hi Shonee Ji,

I have sent you an email on 'harassed.by.498a@gmail.com' please go thorugh it and provide me your advice,i need it badly.

in nutshell i got married on 04-2009-> wife joined me on 06-2009->meanwhile i joined another job at hyd and she deined to come along since she was doing call center job. -> after great persual she joined me on nov 2010-> she went to her sisters place after a great quarel ->she took all her jewellary along saying i may attend some party there(leaving behind 2 set of gold set) ->i went to bihar and took her back on jan 1st 2011 -> after 2 week on 18th jan she left my house and after that all threat and all started.

detail i have given in the email, please reply!!



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

I think I have replied this query/ similar query.


If not, it would be replied in sometime.



Shonee Kapoor

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