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abhi shek (Others)     06 October 2024

Apperance in rcr case without notice

Hi 

I have filled divorce case and in return wife filled rcr section 9 case. 

I have not received the notice or any communication related to the case but ecourt is showing apperance in case stage. 

Below are stages showing in case history section

Sristedar Report

 Admission

 Appearance 

Appearance 

Appearance 

 

What should I do? Wait for notice or appear?



Learning

 8 Replies

Dr. J C Vashista (Advocate )     06 October 2024

You need not appear before the Court till you get proper Court notice of the case filed by your wife u/s 9 of the HMA.

However, it would be better to keep a watch indirectly (through someone) of the  proceeding.

abhi shek (Others)     06 October 2024

Thanks for quick reply.

T. Kalaiselvan, Advocate (Advocate)     06 October 2024

You can decide whether to appear or not, however there's no obligation on you to appear before the court without a notice being served on you.

 

abhi shek (Others)     06 October 2024

The case stage is showing Appearance, which is confusing me.


As per my knowledge, the Appearance stage comes after the notice is received, but here it is directly showing the Appearance stage and no "Return of Notice Summon" in the case history. 


I fear one side judgement.

Also, what usually is one side judgement if the other party don't appear before the court?

T. Kalaiselvan, Advocate (Advocate)     06 October 2024

You should not be puzzled or worried by seeing the ecourts' case status.

You can engage your advocate for this purpose and ask him to let you know  what exactly is the status and whether it is advisable to appear before court or not?

Your avocate will check it from the court and let you know and if necessary he can even file a vakalatnama on your behalf to participate in the case and all further proceedings even without you actually receiving the notice from court, to avoid exparte decision against you

Dr. J C Vashista (Advocate )     07 October 2024

Here if the status of the case is shown as "appearance" implies you are "yet to be served" with notice means that you need not appear till you receive it.

abhi shek (Others)     07 October 2024

Thanks Everyone, it was really helpfull.

T. Kalaiselvan, Advocate (Advocate)     07 October 2024

You are welcome for your understanding.   


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