RCR & Divorce- Clarification Required

Querist : Anonymous (Querist) 11 November 2010 This query is : Resolved
Respected Learned people, Need your inputs on three questions. Pls shower your thoughts.

1. Husband files an RCR and sends a copy to wife. Later he learns that the general process is that copy of the RCR along with the summon to appear on the date of hearing would be sent by the court itself to the respondent. Is it true that courts would automatically send a copy of the RCR to the respondent and there is no need for the petitioner to send it?? Also, Is it wrong to bye pass the court procedure of sending the RCR??? Supposing if the Summon and RCR doesnt reach the respondent on time (i.e assuming it reaches after the date of hearing) how would the respondent know when to appear in the court??

2. Husband lives in an joint family along with Father, mother, brother & sister in law. Husband files an RCR, Wife submits an objection stating that she is willing to join the husband if a separate house is set up for her and huband. Husband doesnt perfer nuclear family. How should husband react in such situations?
Reason for asking separte house: Few minor fire accidents at home & there is an open ground in front of the house and there are lot of insects & musquitos (in extreme occassional instances small snakes)

3. Husband lives in an joint family along with Father, mother, brother & sister in law. Husband files an RCR, Wife submits an objection stating that she is not willing to join the husband in the house where they are currently living but only in a new house (joint family is also fine). Reasons are the same as above. But husband doesnt want to move out of the house as its their own house, they have been staying in the house for the past 30 yrs and these things have never occured before.

Pls advise

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Devajyoti Barman (Expert) 11 November 2010
1.The summons s to be sent by two way. One copy of summons is to be sent by the court itself and another to be sent by the petitioner through post. The court would not fix a date for hearing of the case unless it is satisfied that the other side has indeed received the summons which can be established by the return of the proof of service or through paper publication.
2 & 3 - Let your wife makes her appearance first and makes her defence and then post your query so that we may not have to answer such hypothetical questions.

ashish lal (Expert) 11 November 2010
1. if there is no proof before the court as to receiving of the summons by the respondent then the court may again issue fresh summon to the respondent.

2 & 3 let the wife first raise these issues.

s.subramanian (Expert) 12 November 2010
I agree

Khaleel Ahmed Mohammed (Expert) 17 November 2010
I agree.

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