Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajesh (Officer)     06 August 2013

Wife keep on dragging the rcr case

Sirs,

RCR petition filed by me is pending before the family court since one year . My wife rarely attends posting dates at court. Her lawyer comes regularly and makes time pass saying lame excuses about her absence. She was not even present on the mediation dates, despite the strict instruction to her from Judge to attend the mediation. The next posting date is on 31/8/2013. What shall I do to prevent the case being dragged?

My lawyer advises to file for speedy disposal at High Court, will it help?



Learning

 4 Replies

N.K.Assumi (Advocate)     06 August 2013

Speeedy trial is part of our constitutional funadamental rights, and the trial court is the appropriate court to act on it, and no need to rush to the High Court at this stage. The case is pending for a year, and I am of the view that your advocate should pray to the court to be proactive in RCR peoceedings with all the powers vested in it. Thers is no standard guidelines to dispose rcr case in the court, but in certain circumstances the conduct of the respondent wife may amount to cruelty and the matrimonial bond crushed like crushing a fine glass. Be patient and let your advocate do its duty in the trial court, without rushing to the High Court. Moreover, you have not given the backgorund story regarding your wife leaving the matrimonial home and resulting in RCR proceedings, which i very important in your query.  


(Guest)
Originally posted by : Rajesh

Sirs,

RCR petition filed by me is pending before the family court since one year . My wife rarely attends posting dates at court. Her lawyer comes regularly and makes time pass saying lame excuses about her absence. She was not even present on the mediation dates, despite the strict instruction to her from Judge to attend the mediation. The next posting date is on 31/8/2013. What shall I do to prevent the case being dragged?

My lawyer advises to file for speedy disposal at High Court, will it help?

In matrimonial cases do not do hurry burry.


She just wants to trouble you.


RCR does not hold any value.  Even if you win RCR case, court cannot make your wife come and stay with you.


RCR is just waste of time.  Withdraw RCR petition, file divorce petition, she will come running to court immediately.

dilip dharma dhumaskar (lawyer)     06 August 2013

Try approaching her through a mediator and suggest divorce by mutual consent and go through loknyayalay .

dr.pawan rajyan (member and secretory)     19 August 2013

follow the advise of helping hand.it is useless case a waste of time,money and energy.i  am telling you with my experience.i wasted 2 years in it.withdraw it and file divorce  now if you have enough proof otherwise sit idle for 2 years (starting date of sepration)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register