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Antibiotic (Free Lancer)     08 August 2016

Ex-party rcr execution

My wife has filed RCR Section9 in responce to my Section 13. Since I can not be forced in RCR to live with her...Can I stop going on RCR dates in her city (it causes extreme effort and expences) and let it ex-party. What are the disadvantages of ex-party? Can my wife get execution of RCR ex-party decision and come forcefully in my house?



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 3 Replies

saravanan s (legal advisor)     09 August 2016

as long as she is your wife you cant stop her from entering your house.if the house is not on your name then the person on whose name the house is registered can object her from entering into the premises.the exparte rcr decree will do harm to you when you file contested divorce

Antibiotic (Free Lancer)     10 August 2016

I live with my parents in rented house. Though my parents has removed me as their heir (Bedakhli),

1. Can she get execution of rcr exparte, if I don't go on dates?

2. How does RCR exparte can be a deterrent if I file section13?

whatnot   10 August 2016

Indian Justice system is of precedent. Your current action has been played out many times in the family court (disowning for the sake of property) and it shows you're party in guilt.

You should fight all cases on its merit. Go to RCR. RCR is No-win-no-lost cases. If she wins then you stay in a rental place for a period of 1 year and she may file divorce after that. Hence you get your wish of separation. If you win. repeat same and you will win again.

If she wins RCR and you still have your Divorce case, any lawyer worth his salt will make your life miserable and case will drag for ages.

RCR is simple way of separation.

Currently you're at disadvantage.

 


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