Rcr-non apperance of respondent for 3 hearings

Guest (Querist) 23 December 2011 This query is : Resolved
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.

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Raj Kumar Makkad (Expert) 23 December 2011
If he has been duly served and despite of that he do not come present, he shall be proceed as ex-parte and accordingly further proceeding shall be initiated in the petition.

Guest (Querist) 24 December 2011
wat will b result from exparte?
Will it be orderd to join with me?

prabhakar singh (Expert) 24 December 2011
First an order to proceed exparte shall be passed in case summons of your petition is duly served on him and a date for exparte hearing shall be fixed on which you shall adduce your evidence by an affidavit where after an exparte decree of RCR may be passed against him.But ask your advocate even then if he does not join then????????????

V R SHROFF (Expert) 24 December 2011
Shri Prabhakar Singh Point IS OF VITAL IMPORTANCE "But ask your advocate even then if he does not join then???????????"

HUSBAND/ WIFE is not a Animal that you can pull him / her to reside together. Law do not allow it.

In no case Court Direction was followed by H/ Wife, and no H/ wife was compelled against his/ her will and wish to join Wife/ husband by RCR .

It is ineffective, except that RCR help for your Divorce Petition at later stage.

Adv Shroff
24-12-2011

Guest (Querist) 24 December 2011
ya thats correct.. Thats way my question is..
So wat wld happen?
Now what will happn?

Shonee Kapoor (Expert) 24 December 2011
Eventually you would get RCR decree in your favor ex-parte.

Regards,

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

Guest (Querist) 26 December 2011
shonee - wats that? I have requestd fr RCR. If the decree s passd in favour f me means,
how is it possible for him to force to live with him ya..? court will not do that...
thats wat i m confused wat will happn...

Devajyoti Barman (Expert) 29 December 2011
Yes it means the court would proceed to hear you only and then would pass decision it thinks best.
You can apply for maintenance.

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