RCR - Clarification

1. Yes.

Hi,

Sorry i ididnt understand your reponse. Can you please eloberate on what is the impact on the huband when he files the RCR but doesnt attend the court proceedings. Tks.

this has happened yesterday.

maybe it is not an uncommon occurance.

1. I said YES responding to your below quote as in your very first post briefs;

"Assumption: The court would ask the husband and wife to appear after wife files the response to hear the comments of both. Is the assumption right?"

Hello Sir, Thanks for the clarification. I also would like to get some clarity around the below question

1. Husband files an RCR (however doesnt have any intention to join the wife)

2. RCR  is sent to the wife to respond

3. Wife files a response for the RCR

4. Husband doesnt appear before the court and avoids the court session

What would be the impact on the husband when the above happens?

1. May I know what for you thanked me, if you say in above quote my clarification was understood by you !

However above being beside the points;


A. The court would ask the husband to appear on next date of hearing after wife files the response to hear the Arguments of both parties to frame Issues and parties will be asked to lead Evidences respectively, further Witness of each side if any would be Examined on Oath and matter may be put for Final Arguments with Case Laws if any which are adduced by parties accordingly and there pops the Order / Judgment in presented Suit under Family Law which may go in favour of any side!. Then Appeal if any advanced by un-successful Party to a Suit and climb the Appellate Jurisdiction Courts all the way to Hon’ble SC is the end of the RCR [the strange un-executable family law story once upon a time]

B. If consecutively petitioner himself fails to appear then the Suit may be dismissed due to non-appearance and be consigned to Records room further it is obvious in ld. Family Courts in India that by showing valid reasons of consecutive anence from proceedings the petitioner side may restore the dismissed suit and now it is for the Ld. Courts to give directions as per Law.

Thanks a ton for the clarification. Its clear now.

BTW, how much time would this take?? specifically,

1. Once RCR is filed, will the court provide a Specific date on when the respondent has to file the arguments?? or would it be some thing like " within one month from the time of receipt of RCR"??

2. Once the response is submitted by the respondent, what would be the time lag when the court would ask the husband to appear to hear the arguments..ie..how much time would the husand have between respondent filing a response & date of hearing?

@anonymous

What would be the impact on the husband when the above happens?

What apprehensions the husband has in his mind. Unless you share that frankly..................... You won't get right answer.

The husband is extemely afraid to take the wife back as he fears she might self-implicate injuries and turn the blame on the husband and his faimly..

What if the wife does not respond to the RCR notices and as a counter blast files  in a different court in a different city  a divorce petition on the  false ground  that the husband demanded say RS. 1 lakh from her and she ws anable to pay so he subjected her to all forms of torture including physical assault and cruelty on the part  of the huseband. She also files a case under section 24 for maintenance of Say Rs. 8000/ pm and Rs. 1000 as legal costs. In this case the husband wands her back but the wife does not want to stay with him. She pleads before the other court that she is not aware of the RCR being filed against her. The hubby files a ws against her divorce pettion in which he mentions the RCR case and attaches a copy of the same and serves a copy to his wife. Can the wife still say before the Ld. court that she is not aware of the RCR case. Is her ground valid enough.

How can the husband defend himself and get his wife back ?

Is this a question that you are asking me or a general question in the forum?

1. Husband files an RCR (however doesnt have any intention to join the wife) - OK.

2. RCR  is sent to the wife to respond - OK.

3. Wife files a response for the RCR -  WHAT SHE REPLIES, ARE IMPORTANT.

A) SHE MAY JOIN TO HER HUSBAND WITH OR WITHOUT CONDITION.

B) SHE MAY REFUSE TO JOIN FOR HUSBAND'S CRUELTY OR IN-LAWS, AND IN THAT CASE GENERALLY DEMANDS MAINTAINENCE. OR MAY SHOW ANY SIMILAR GROUNDS, WHICH JUSTIFIES HER STAYING OUT OF MATRIMONIAL HOME.

C) IF SHE DO NOT GO ON ANY OF THE ABOVE TWO PATHS, RESPOND LIGHTLY OR NOT SERIOUSLY OR NOT RESPONDED AT ALL, -  SHE WILL LOSE HER RIGHT TO MAINTENANCE AS WELL AS DIVORCE MAY BE GRANTED AS AN END OF RCR .

4. Husband doesnt appear before the court and avoids the court session - CASE WILL BE DISMISSED.

Hello Arup Ji, Thank you  very much for your reponse.

What if Wife states that she wants to join on a condition that a nuclear family be set up and what if husband doesnt want to go nuclear?

What if the wife does not respond to the RCR notices and as a counter blast files  in a different court in a different city  a divorce petition on the  false ground  that the husband demanded say RS. 1 lakh from her and she ws anable to pay so he subjected her to all forms of torture including physical assault and cruelty on the part  of the huseband.

- QUITE NATURAL.

SUCH THINGHS HAPPENING.