ANEESH TRIVEDI (ADVOCATE) (Advocate) 24 May 2013
won section 09 RCR, applied for execution, wife not receive summons not coming on any date now what decision to be requested so that judge will gave order on that? [ that points will be helpful in divorce, child custody and also in 498A which is still running]
note: just want what exact points given to judge so that he will consider and order the same,
niranjan (civil practice) 24 May 2013
If wife is avoiding service,you can get notice affixed on his house or get notice published in local news paper.Then,you can ask for attachment of her property if she is not willing to join you.
ANEESH TRIVEDI (ADVOCATE) (Advocate) 25 May 2013
sir you are correct she is avoiding to recieve notice but it has been served now the decision phase came soon decision will be there you sais "you can ask for attachment of her property if she is not willing to join you." but if she not having any property or she hiding it not showing to court then?
that's why i put this query what we must demand from the judge actually there is confusion from judge also he told us you say what order you need.
niranjan (civil practice) 25 May 2013
As per O.21,rule 32,you do not have any other alternative.You cannot ask court to arrest her and send her toyour home to satisfy the decree. If she does not satisfy RCR decree,you have only option to file suit for divorce. You can withdraw the decree for the present. You can file it later again.
ANEESH TRIVEDI (ADVOCATE) (Advocate) 25 May 2013
sir this is also correct but it is half correct in execution morgrage of property rule is there.
here you mention to file it later again why ? if one will won first why he file RCR again what is the use of second RCR filing? please specify.
niranjan (civil practice) 26 May 2013
I have said that you may file executio petition lateron and not RCR.. I could not follow mortgage of property rule.
ANEESH TRIVEDI (ADVOCATE) (Advocate) 26 May 2013
my adovcate shown me in crpc that for execution only punishment is mortgage of property of wife and also it depends on judge while giving order. as the case is under DJ and we have direct communication so i am telling this please confirm... i may be wrong,
ANEESH TRIVEDI (ADVOCATE) (Advocate) 26 May 2013
here on LCI one of our learned advocate give his view on LCI in which he mention " attachment of property and civil imprisonment"
[1] if husband dont know about the property of wife then how he can give details for attachement of property can he seek from judge then he gave the order later he give details?
[2] what is Civil imprisonment ?
in exection of RCR improsonment means what?
what will be the best order which can help to husband in wining 498A, child custody and of course divorce case.
ANEESH TRIVEDI (ADVOCATE) (Advocate) 28 May 2013
here on LCI one of our learned advocate give his view on LCI in which he mention " attachment of property and civil imprisonment"
[1] if husband dont know about the property of wife then how he can give details for attachement of property can he seek from judge then he gave the order later he give details?
[2] what is Civil imprisonment ?
in exection of RCR improsonment means what?
what will be the best order which can help to husband in wining 498A, child custody and of course divorce case.
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