Rcr
kiran
(Querist) 30 September 2011
This query is : Resolved
Hi Sir,
my wife filed 498a(on me, father and mother) and DV Case demanding 20k per month on me and my family members (on my mother, sisters and Brother in laws) which are yet to come Cross Examination.
My father passed away after 6 months post 498a and exactly after 6 month after my father died she filed DV Case on all family members.
I have filed RCR before 10 days she filed DV Case which not planned as counter for their DV.
I have given my wife Address to server Notice which is what they have given in 498A Case and DV as well.
But Notice is returned due to incorrect address, I don't know
1. whether they have not received?
2. else they changed the address?
3. or they managed the post man?
what should i do?
Please advise me on this.
Thanks
-KN-
prabhakar singh
(Expert) 30 September 2011
Any of the three possibilities are probable.
Take a certified copy of DV case Petition and along with the same file an application in your case that she is deliberately avoiding service of notices of your case in collusion of the postman,therefore service on her is not possible without publication of notices in daily News Paper.When court allows it ,deposit the fees of publication as per order of court.
In addition, if you have put your appearance in DV case,move an application in that case that you have filled RCR no....of year......in court........on .....
in which date fixed by court ...........
and then serve a copy of this application on her counsel in DV case where after apply aa certify copy thereof and file the same in your RCR case to show the court,she has knowledge of your case this way also.
Shonee Kapoor
(Expert) 30 September 2011
I don't agree with Ld. Prabhakar Singh.
You can get notice done in DV case date itself.
However, RCR is a futile case to be filed.
Please read my detailed remarks about futility of RCR at:
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 30 September 2011
You take the notice and get served it by hand in her other cases through court notice server.
prabhakar singh
(Expert) 30 September 2011
It might be so easy at place Mr. Sonee practices but my experience relates to procedure established by law which courts are obliged to follow.
Guest
(Expert) 01 October 2011
yes it is the correct way to serve the summons by hands over summons.
Arun Kumar Bhagat
(Expert) 10 October 2011
By hand service- Dasti service is in vogue in Delhi but in West Bengal it is not recognised. Second option cited by Prabhakarji is less-expensive and more practical as well as legally tenable.
