LegalFighter (test) 16 May 2015

NOC by WIFE for RCR withdrawal By HUBBY

Dear experts,

Please provide your inputs for this situation.

As husband ,

1. I filed RCR one year back after wife deserted me for one year.9 hearings and 2 councilling happened in this past one year of court period and no where my wife had told that she is ready to live.She came to court only three times and she didnt file any counter yet.

2. So my lawyer filed an advance hearing petition + a memo to court and send her a notice stating if she doesnt appear in court she will be set to exparty.

3. In the advance hearing , she came down to court(without her counsel) and judge asked her if she has any objection for this withdrawal.She replied "No objection madam".Judge again asked the same question and emphasized her to provide proper answer.Again she replied that she completely has no objection for this withdrawal and she signed the NO OBJECTION form in front of the judge.

I just want to know

1. Whats the credit i earned out of my wifes aggressive and careless move here?

2. While proceeding with the divorce case based on cruelty and desertion, can i point this NOC from my wife as a merit?

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4 Replies

cyberlawyer (barrister) 16 May 2015

I dont understand what you meant by the term withdrawal in this context. Upon reading your query, it seems that the advance hearing application has come for hearing and your wife has endorsed NO Objection for the advance hearing application, which means she gives her consent to prepone the hearing of the proceeding and not willing to file counter in that application. So obviously, by the act of your wife, the only benefit which you got is, the case is pre-poned according to the relief sought for in the advance hearing application.

sandykrish (Interested in Family LAW) 17 May 2015

Comprehension issues, the author only knows what he is talking about.

LegalFighter (test) 18 May 2015

Sir,

I will put it in different way below:

1. Husband files RCR(Section 9) after one year of desertion of his wife --> Wife has appeared 3 out of 10 hearings and never put any counter in one year of court period.

2. Husband files as advance petition in an intention to withdraw section 9--> And on that advance hearing wife came to court and said(and signed) no objection for withdrawal of section 9 RCR by husband.

cyberlawyer (barrister) 18 May 2015

I am not sure if you want to withdraw the rcr petition or want an order to be passed. For withdrawing rcr petition , consent from the opposite party ,that is your wife is not necessary. It seems you are very confused and also confusing others. Setting exparty means to allow the rcr petition just hearing your side and it does not mean allowing you to withdraw it. Please do understand that you have filed an advance hearing application which itself is not a petition that will impact your main rcr petition. Go through the petition carefully, and you will know that the application is only to prepone the hearing of the main rcr petition and nothing other than that. So giving no objection in that application means your wife has consented to prepone the hearing of the main rcr petition.