Rcr written arguments & dv
Querist :
Anonymous
(Querist) 23 January 2012
This query is : Resolved
Dear Experts,
My 498a wife did not attended any of the hearing for RCR which i filled, we submitted Petitioner evidence and then Written Arguments for the same. judge accepted those and give one more date.
I am not sure, what is that next hearing is going to be?
my layer said it is going to be Judgemnt that Ex-Parte? is this correct?
I have DV Case running in Other city, next date should be cross examination i hope?
She lied in the court that she is not working although working?
I am trying to get her employement details.
when and what stage that i should use these envidence?
I thanks you for the Advices!!!!
-KN-
Devajyoti Barman
(Expert) 23 January 2012
In continued absence of the other party, the court can proceed to hear the case ex parte. In your case if the other side remained absent and the court heard you only then it could surely give decision ex parte.
Only your advocate could say what the nest date is fixed for as it depends on the stage of your case.
At the trial stage or evidence stage you can produce those proofs.
ajay sethi
(Expert) 23 January 2012
yes produce evidence at trial stage .
your lawyer is right in continous absence of your wife the court can decide case exparte
Raj Kumar Makkad
(Expert) 23 January 2012
Your wife must already have been proceeded as ex-parte so the opinion of your lawyer is absolutely correct.
You obtain evidence about the employment of your wife and use that evidence in your ongoing litigation and prove her false. You have various rights thereon but first of all bring that evidence.
Nadeem Qureshi
(Expert) 23 January 2012
I agree with the experts
in Dv case when your defense will start, you can use all these think as Evidence.
Guest
(Expert) 23 January 2012
yes i do agreed with above experts further, u can use those proof as defense when she filed u/s 125 CrPC against u.
Querist :
Anonymous
(Querist) 23 January 2012
Hi,
Also wanted to point one thing I missed in RCR is that, Court sent notices to my 498a wife, she managed Post man and returned. Now court will processed to Ex-Parte.
How good is this Ex-Parte to me now?
I mean
1. can she go for Set aside ?
2. if yes, is there any timebound, before she should go for Ex-Parte?
3. how valid is this to get divorce, as she is running 498a and DV in other state?
Thanks
KN
Shonee Kapoor
(Expert) 23 January 2012
Yes, she can ask for setting aside ex-parte order. There is no time limit.
After you execute the RCR Decree, after 1 year you would be entitled to get divorce, if co-habitation doesnot happen.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 24 January 2012
The ex parte decree can always be challenged for setting aside under order 9 rule 13 of cpc within 30 days from date of knowledge.
V R SHROFF
(Expert) 24 January 2012
RCR:
IT IS USELESS: WHY
(1) Even if passed in your favour, Ex-Parte, you cannot compel her to live and cohabit with you.
(2) You said she managed Postman, so stage may be to take STEPS.
(3) It can be set aside.
DV:
For Defense, Get her Income Proof. It is not easy. Try your Luck.
M/s. Y-not legal services
(Expert) 24 January 2012
already senior members replied very well..
apart from this., if you got exparte decree., after that also she not ready to back with you mean she not entitled to claim maintenance..
-tom-
Querist :
Anonymous
(Querist) 24 January 2012
Thank you all for throwing me some lights.
Hi Shoonee ji,
what is the Execution of RCR Decree and how i can do that?
I have got my 498a wife salary break up print out with me with help of my friend, who is working in the same company. In that it was mentioned mis.xxxx.
she joined this company after she filed DV Case? how valid is this Evidence in the court?
Can I contest DV with this proof?
I have very limited knowledge in the area of Law and i am learning in the process of my cases. I lost my father in this legal battle, I just need to safegaurd my family as she included everybody in my family in DV Case.
I thank you all for educating me.
-KN-
Querist :
Anonymous
(Querist) 24 January 2012
If the salary breakup print out is not valid in the court?
Can I request court to order the HR Dept of the Company to send her employement details.
Thanks
KN
