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Anu (MTS)     06 December 2013

Divorce and rcr files missing in court

Hi,

I had filed RCR in my native and my hasband filed divorce in his place.He never received any court notices from my side. Now that from high court I got it transferred to my native. Unfortunately, in court they say that the files are missing. I attended the court, but the divorce file was missing. He is not attending court from many days. Now shocking fact is that my RCR file is also seems to be missing. I am not able to get next hearing date for both the cases. I am in helpless situation. Please help me how to go about with this.



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 6 Replies

ANEESH TRIVEDI (ADVOCATE) (Advocate)     06 December 2013

you are not able to give complete facts , if you are hesitating in giving full detail here better give in message also check you message inbox.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     06 December 2013

Originally posted by : 498A fighter

It is not possible that file get missed from the court at once if it is accepted also then another time it is beyond imagination.

some thing is wrong there or you are not able to give the perfect details of your case so better try to give full and complete facts ,also mention from which court this is missing either district court or from whrere?

Anu (MTS)     06 December 2013

these files are missing from district court. this is very suspicious. The case files are missing from court  since my husband was supposed to attend case in my native. But both the case files missing and kind of uncertain about the status of cases as I am atleast not even able to get next hearing date. I could talk to judge in court asking about the missing file. He assured that once it is found I can get next hearing date. But is it common to loose a file like this in court ? My father-in-law is very smart in all such illegal activities. this was the fact I transferred the divorce case to my native. Here the situation is even more worse. I am totally clueless about these strange things in court. Please advice if I can file a complaint about the same in court or police station.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     06 December 2013

If the files are missing, please report to the Registrar in writing and take an acknowledgement for this. It is the Courts duty to keep the files safe which are in their custody, so do not panic. Follow it with the Registrar religiously, he has the power to take action against them.

Anu (MTS)     06 December 2013

Thank you advocate Vandana. Could you please guide me on this. do i need to go through lawyer to file a complaint with Registrar . registrar is usually available in district courts ? Please help me to understand this process. My husband and his family is not allowing me to lead a peaceful life. not even giving divorce or accepting RCR. this trick of them could be to avoid dismissing the case due to petitioner absence.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     07 December 2013

nothing will happen if you complaint to registrar he will assure that he will look after the matter and time delayed, he just keep your application and when you again go for enquiry then he will say yes we are searching actully he know all but he pretend himself/herself that they are searching the files, here simple thing is happen which is common , to whom your husband gave bribe and try to missplace the file you contact the same person give him more bribe and he will disclose all once the matter comes to you , then you go to registrar/DJ/ the judge where your case is running.. but again here you can not able to defeat your husband... reasons are many , all depends on your tactis....


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