Rcr- non appearance

Guest (Querist) 28 December 2011 This query is : Resolved
Repeated query but i have not gt the answer. So pls explain.

My husband deserted me and I am staying alone now. I, the petitioner have applid for RCR in Additional Family COurt, Chennai. He has recieved the summon but didnt appear in court for 2 continuous hearings even from the first hearing. Tomorrow there is 3rd hearning. But i heard thro his frnds that he is in other location n wont come to court tomorrwo also.
If he didnt appear tomorrwo also, what will happen?
Note: I have not applied 125Cr.P.C since i am workin women.

Answers what i got is : I may get exparty for RCR
My question is: If decree is passed for RCR. wats the use for me. Anyways he s libing separtly. Please explain me wat wld happen?

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M.Sheik Mohammed Ali (Expert) 28 December 2011
the court may order either expartee or decree but your husband not interest to live with you, so both of your problem solved with your self. otherwise court will decree.

prabhakar singh (Expert) 28 December 2011
In the light of facts stated by you the requirement was to file proceedings under 125Cr.P.C. and DV Act for shared house.now you need to wait for them till your RCR gets decided and remains not executed.

Nadeem Qureshi (Expert) 28 December 2011
Dear Querist
you can approached to court for passed Exparty decree Of RCR, if you get the RCR Exparty Decree then wait 90 Days after that you can file divorce petition & this decree (RCR) is the best ground for your defence & getting divorce to you from him.
feel free to call

Deepak Nair (Expert) 28 December 2011
Agree with Mr.Prabhakar and Mr. Nadeem.
But, the proceedings under 125 of CrPC & DV Act may help you better to get maintenance.

Devajyoti Barman (Expert) 28 December 2011
Go for ex parte decree if he fails to appear repeatedly.

The suit for divorce on the ground of non compliance of decree in RCR is maintainable only after 1 year from the date of decree.

But before that you can file an execution case and pray for attachment of his property.

Since you are working woman filing case u/s 125 crpc would not be beneficial, rather file case u/s 2 of PWDV Act.

Guest (Querist) 29 December 2011
u/s 2 of PWDV tells only the definition ya..
wats that section 2? please explain Barman

Shonee Kapoor (Expert) 01 January 2012
I diagree, you would have to wait for 1 year after passing of ex-parte decree.

But RCR decree would surely stop her right of maintenance.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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