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Santosh kumar (lect)     14 July 2014

Expartee set aside in rcr

I filed a RCR case which after repeated summons wife didn't attend or represented for last 6 months. The court got convinced that enough summons were served , declared expartee.  The next hearing was expartee hearing and I was present there with evidence affidavit.

Meantime wife filed a Divorce petition where she doesn't mention anything of RCR , levies false allegations of cruelty against me. And attends the RCR case, files w/s for the same and request for set aside .

The hon'ble judge fixed the next date for joint hearing of divorce and RCR petition. I am suppose to furnish w/s for the divorce. The whole episode seems to rattle the expartee decree.
What can be done now please advice.



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 4 Replies

Dr J C Vashista (Advocate)     15 July 2014

Contest both cases through your lawyer. Your aim of filing RCR is solved by your wife, isn't it?

T. Kalaiselvan, Advocate (Advocate)     16 July 2014

She has got all rights to file a divorce case against you and she has got rights t file set aside petition against the exparte order of RCR case.  since the court has ordered joint trial, better contest the same on merits.

great india (manager)     16 July 2014

Agreed wid dr. Vashishta Read between the lines bro..... Ull find ur answers. Its a win win if cases arrive for judgements untill u dn mess up

Santosh kumar (lect)     24 July 2014

Thanks for the inputs. Its very motivating.

Can I ask for an explanation of why such delay in (condonation of delay ) of sorts for not attending the RCR case. Also making no representation even after filing the divorce petition. But when courts decides to hear the case vide exparte she makes an appearance.

She should be made by court to give a valid explanation, such tactics should be answerable by the respondent.


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