Exparte rcr
Guest
(Querist) 15 September 2011
This query is : Resolved
Dear Experts,
Marriage happended in Jan-11, wife did not stay in inlaws place due to job, claimed that she will transfer within 3 months, after 3 months she refused to transfer, Non consummation of marriage till date, wife had a mental block in having a physical relationship. RCR filed in June, wife did not come for the 1st hearing next hearing is on Sept-27th. Can i push for exparte if she does not come to this hearing also, in that case how many months would it take to get a decree. Please advice.
After decree I plan to go for divorce under cruelty for non consummation of marriage if she does not agree for mutual divorce.
kuldeep kumar
(Expert) 15 September 2011
non leaving of job is not a ground of rcr..many jud support this fact.there sud be cogent reasons as regard deserting and deserted spouse..regarding exparte decree i reserve my opinoon
Raj Kumar Makkad
(Expert) 15 September 2011
You may press the court to order ex-parte against the respondent if she do not appear even on 27th Sep 2011. After ex-parte order, you have to lead your evidence and thereafter court after hearing your counsel and considering material on file may decide it within a short period.
You may do so as marriage has not consummated as on date.
prabhakar singh
(Expert) 15 September 2011
If summons are sufficiently served on her and she is not turning to court to file her response ,you can press the court to proceed exparte as that is only option left to court to proceed further in the case,no other alternative court has in law to progress the proceedings,except to pass an order u/order9 rule 6(1)[a] of the C.P.C
"6. Procedure when only plaintiff appears
(1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then-
1[(a)] When summons duly served-if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte.]"
Guest
(Querist) 15 September 2011
Dear Members, Thank you, Pls let me know what is the quickest way to get out of this, We tried to path up few months back but she and my inlaws had accused me of being impotenet, I have recordings of her telling me that she is sorry that she wasnt able to satisfy me physically. Can I cancel the RCR and go for divorce under cruelty. She doesnt want to live with me, doesnt want physical relationship, is not ready to do any household work, will not contribute for family expeneses from her salary, did not agree to register the marriage, is not ready to change the surname stating that it amounts to slavery. I'm 32 and if i'm spending more time on this my family life will be closed and i might have to stay single all my life which i dont want to.
