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cakaoshlandrapandey   08 July 2015

Ex-parte during rcr u/s9 of hma

I Got Married On 12/5/2011, and since then we lived together say around 10 months only cumulatively. I filed RCR u/s. 9 in the month of April 2015 since she is not staying with me from 10/4/2014. On first and second date she doesn't appeared in the court and the next date is on 17/7/2015. What are the precautions which I should take as the can do anything like they can file false complaints like dowry domestic violence, maintenance etc. I want to get divorce from her as she doesn't want to stay with me, she insists me to be get separated from my parents even my mother is a last stage cancer patient, she involves her parents in our each and every inter personal issue resulting in to disputes, she is greedy in nature as she took away all the Jewry and and other valuables which we have given her during marriage, she doesn't want to conceive my child. Please suggest me what should I do at this point of time. what is the remedy with me if she again does not appeared in the court for counselling. My no. Is 09827956789 Regards Kaoshlandra pandey BHOPAL MP


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 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 July 2015

Sir,

 

Her not appearing raises a negative presumption that she is not even living with you and not even bothered to contest her case properly without any sufficient cause. Better is to make sure that u mention the judge to proceed ex-parte.

Warm Regards

Kapil Chandna Advocate

9899011450

saravanan s (legal advisor)     08 July 2015

as told by my learned advocate friend kapil you can request for exparte decree.then if she doesnt join you within a year you can apply for divorce citing the rcr decree and also she wont be eligible for maintenance under crpc 125


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