engineer222 (none) 17 January 2012

Wife not attending congigual rights rcr

wife not attending court, its congugual rights case i filed , judge is saying that; counselling is needed between my wife and me to proceede"

1) when will court do Ex-parte? after how many absents by my wife

2) for the exparte , does court need to do summons ? and a newspaper add is needed?

what should i do , to get ex-parte in my favour as soon as possible? thanks!

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3 Replies

sridhar pasumarthy (ADVOCATE) 17 January 2012

Dear engineer222,

Generally, courts will try to reconciliate the couple in matrimonial matters.

There is no hard and fast rule to make proceedings exparte after so and so number of absents/adjournments.

No summmons/paper publication is necessary.

Ask ur advocate to impress upon the court that granting further adjournments will not improve the situation.

Harshal (PP) 17 January 2012

DEAR ENGINEER,

RCR IS CIVIL PETITION. IF ITTAKING LONGER TIME FAMILY COURT OR DISTRICT COURT, FILE AN APPLICATION TO THE PRINCIPAL JUDGE REQUESTING TO MAKE AN URGENT ORDER TO BE ISSUE. AND IF STILL ORDER IS TAKING MORE TIME THEN FILE A WRIT PETITION U/A 226 AND 227 TO THE HIGHCOURT.

COURT WILL ACT AS ONLY THIRD PARTY MEDIATOR AND IF IT IS NOT WORKING PROPERLY IN GIVEN JUDICIAL SYSTEM THEN THERE IS CHANCE TO GO HIGHER AUTHORITY I.E. HIGH COURT.

TODAY MOST OF THE DISTRICT COURTS DOESN'T WANT TO ISSUE OR PASS ANY IMMEDIATE ORDER AS THE COURTS ARE INTERESTED TO SEEK THE MORE BUDGET FROM GOVERNMENT FOR SETTING UP JUDICIARY SYSTEM AND FOR IT THEY ARE DELAYING AS THE CASES AS MUCH AS POSSIBLE..AND HENCE CORRUPTION IS MORE BIGGER INCREASED IN THE COURTS...

MOST OF THE COURTS TAKE THIS WITH ILL INTETION TO GET FEEDED THEIR PROFESSION AND SOME COURTS TAKE JUST ACTION TO WAIT AND WATCH IN SUCH MATTERS.

Dr J C Vashista (Advocate) 20 January 2012

I agree with Mr. Sridhar.

However, Court shall proceed ex-parte after service of summons to the respondent.which shall ordinarily be after 2-3 unserved process, then the Court shall ask the petitioner for substituted service by way of publication in newspaper (under order V Rule 20 CPC) before proceeding ex-parte.