User1234 (na) 05 April 2015

Restitution of conjugal rights case

The wife has filed a RCR case against me.
WS was filed from my side.
The lawyer informed that on next date, the judge will extract the issues and the petitioners will get their evidence and witness list for this date and we would simply get the next date for hearing.

Since I was out of town, I couldnt attend.
My lawyer for some reason also failed to attend the court proceedings.
On tht day, the judge asked the wife party to file an affidavit that day itself and also passed a no cross order since no one from my side was present.
What do i do in this case? the lawyer says we can appeal for the no-cross order and it will get overturned.
I am not sure what will happen now.

please guide me what i can do in order that her cross-examination is done.

Reply Follow

4 Replies

sandykrish (Interested in Family LAW) 05 April 2015

Your lawyer is correct and he can file a memo and reinstate the cross. I don't understand why you are so filmsy about court process. The petitioners evidence is filed and recorded and now comes your turn to cross them, first of first get the copy of the evidence she has filed and prepare your lawyer for the case instead of doing this please do not do screenplay where evidence and cross will be on same day. Have faith in your lawyer or take the case and do it yourself .

SAINATH DEVALLA (LEGAL CONSULTANT) 05 April 2015

When the respondent was out of town, the lawyer if he was busy otherwise should have sent the absent petition through someone else. If that was done the proceeding would have been dealt at a later date. Other things do as per Sandy Krish opinion

T. Kalaiselvan, Advocate (Advocate) 09 April 2015

There is nothing to worry to this extent. Your lawyer will file re-open and recall petition to cross examine the PW1 if the petitioner side evidence is closed or he can simply file a recall petition if the cross examination has been closed. This is a lesson for your lethargy, hope you will not be careless in your case again in the future this way?

N R Dash.. (Advocate) 10 April 2015

You have already learnt a lesson for your casual attitude towards a litigation. Have faith on your advocate, he can file a simple application to recall & as stated before there is no mandatory rule to have cross examination on the same date of evidence.

However, judge has a discretion to allow or not. That may be challenged in higher forum. That's the process & procedure of legal system.