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Anup (a)     19 May 2010

Notice for Divorse and Mainteneace

Hi,

1. We filed RCR in family court in my home town where marriage was taken place and where husband and wife lived together last time on 20-April-2010.

2. Courst decided 03-May-2010 for this and sned notice to wife's parents address where she is living.

3. On date of hearing we came to know that they returned notice and its was mentioned by post office "they don't live on this address".

4. Courst sent notice again on same address and date is decised as June-25.

5. Although the did not take RCR notice but they  filed for divorse case and asked for huge maintenace amount at the place where girl is living with parents.  They changred us for dowery.

 

My questions

1. Address used by them in divorse notice is same as used by court to sent  RCR, but they did not take notice what court can do in this ?

2. As we have filed RCR before they filed divorse , can we use it in our response to divorse notice.

3.  Date of hearing for Divorse filed by them is after our next RCR date. What should we do ? They did not come on first date and if they don't tuen up in next date too, what can be done ?



 2 Replies

Guest (Guest)     19 May 2010

1. Address used by them in divorse notice is same as used by court to sent  RCR, but they did not take notice what court can do in this ?

(A)  File an application enclosing the divorce petition in your RCR case and inform the court that the address of the respondent is same as mentioned in divorce petition and she is intentionally avoided to receive the notice.  Request the court to proceed ex-parte.  The court may not accept your request but one more time send the notice to the same address and even then, if she refuses to accept notice,  later on proceed exparte.

2. As we have filed RCR before they filed divorse , can we use it in our response to divorse notice.

Yes.  In reply to divorce petition, you can rely on your RCR petition. 

3.  Date of hearing for Divorse filed by them is after our next RCR date. What should we do ? They did not come on first date and if they don't tuen up in next date too, what can be done ?

What you should do in your RCR petition, I explained at para 1 above.


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 May 2010

Dear aNUP,

PLZ CONTACT ME AT MY NO. 9871158578


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