saleem javid (nil) 30 January 2012

Rcr withdrawal

Husband filed RCR after wife deserted husband and 2 sons aged 13 and 11 yrs. Later husband decided not to attend RCR as he is not interested to take her back whereas the wife has been present regularly on the appointed dates. Now husband has received summon from court to attend failing which wife will get ex-parte. If the court grants ex-parte to wife will it be the ex-parte TO GO AND LIVE WITH HUSBAND or will it be exparte for DIVORCE?

Since the husband is not interested how can he withdraw the RCR?

Advise please

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 30 January 2012

How come wife will get ex-parte order? When petitioner himself is not attending the court and not interested to proceed with the case, it is the duty of the court to dismiss the petition for default.

saleem javid (nil) 30 January 2012

Tks, the summon was sent to the home address as well as the office address. It was received by the son but husband refused to accept the summon by speed post in the office. So to say, the case will not proceed until the plaintiff attends? Can the husband withdraw the RCR and on what grounds? Pls reply