Regarding rcr cases

Consequence – It may get awarded ex part in his favour means whatever he mentions in his matter are true as you were never heard nor you filed an appearance before the said Court.

Future recourse – All ex part awarded family law matter(s) can be re-opened provided convincing reasoning given by your side to re-open the said case.

Alternate balancing remedy – May approach State’s HC for transfer of said case to your hometown District Court if his filed case falls under same State HC and if not then might have to approach SC for transfer of case. Either option saves you from being heard ex partyed.

I hope this reply is in tune with your LCI membership name :-)

thanks, however is it a compulsion for me to obey d ex part decree which has come in his favor, or i may file a divorse case post the decree against me

i need to transfer the case, so is it ok if i miss the first hearing.

Your first question – No acts of God can unite two unwilling spouse, hence it is not a compulsion if you donot feel to live with him due to some factual and valid reasons. However under Civil maintenance laws you still can claim maintenance provided you donot have ability to earn a income. Whereas under quasi criminal laws a deserted spouse is not entitled for maintenance is what few of the State HC's have interpreted depends which HC your better half’s case is instituted.   

Your second question – It is advised to send Phonogram or Affidavit to concerned ld. Court about intended transfer of case that you are planning to initiate under local legal advise which is safe way to counter first date appearance fevers. 

In future write state / district your better half has filed case against you as well as yours so that a local advocate following your post here may come handy in case h/er legal need you may sought after all due diligence. 

Thanks, he has filed d case in abc court n i want to transfer it to xyz, since i am staying here for last 3 years n working also in a financial institution.....affidavit has to be filed in abc court...????it can also be done by any of my relatives???? d concern is he is also unwilling to live with me but want me to say dis first so that he is saved from social implications....wat to do now

In that case;

First approach an Advocate found via local reference / search one who can assist you in filing transfer of case from one State to another and then attempting to get relief from Hon’ble SC in transfer of a family law related case from Buxar to Mumbai family Court. You may state before him the resons for seekign such transafer of case from one State to another. Also note approaching Hon’ble SC for such transfer of civil case may cost legal (litigation) expenses thus prepare finances accordingly.

- The moment you find one (advocate), follow h/er further guidance.

Your relative can present h/herself before concerned Court in Buxar on date of hearing whose special knowledge you may have and state before ld. Judge relationship that S/he has with you and may make an oral submission before concerned Court stating, you are off late residing in Mumbai and find difficult to travel alone in today's date of hearing and also have filed transfer of case before Hon’ble SC thus adjournment on today's date of hearing may be granted accordingly. It depends on concerned Court to allow such adjournments or not, normally they do allow three adjournments if valid reasonings are plead.

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