Social Worker (Social Worker) 10 January 2015

Op restitution of conjugal rights

Dear Team, Request your expert advise,

Harassment for additional dowry . Arunachal Pradesh

Wife filed 498a & MC case against husband. Husband filed OP case.

Wife won the MC and got sanctioned maintenance. Husband filed Op case after 6 months of wife filing 498a only for proving him to be clear. Now 498a is in the last stages. All the witnesses even a direct eye witness was also presented in the hon court and now summons sent to the inspector who field the FIR and his witness is only left.

Meanwhile husband won the OP case and judgement given as wife need to re-join in 2 months.

My questions:

1. Do we need to honour the OP judgement as another criminal case is running in parallel

2. Do we need to go for appeal in higher court or can we ignore the civil judgement?

3. If we go for appeal, can we now include the important witness presented in the 498a as he was unable to attend the OP conjugal case in lower court due to ill health?

4. If it is not possible to include the 498a witness in next appeal can we at-least add the filed copy of same witness of 498a obtained from lower court.

Also in the order copy it was written as the judgement was given on merit as per order XVII rule 2 of CPC as the respondent didn’t choose to argue further in person or through a lawyer. But our lawyer stated that he went for arguments every time.

(When we asked if we need to be present then every time lawyer said it is not required, I will handle)

Please guide me in this regards.

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5 Replies

adv.raghavan (Advocate,9444674980) 11 January 2015

1,You can file appeal against RCR judgement in High court.

2, In appeal you cannot add anything new , it is question of law and not fact. since you feel witnesses are not properly inquired you can ask for de novo trial.

Social Worker (Social Worker) 11 January 2015

Dear Sir Thank you for your reply.

I have a query. I read many post regarding de novo trial. I understood that it is a fresh trial with all witness to be prosecuted once again. Is this something to be appealed in higher court or can we ask the same to be done in the lower court as a fresh trial.

Is there any separate procedure for asking the same.

Thanks & Regards

Social Worker.

T. Kalaiselvan, Advocate (Advocate) 15 January 2015

From your contents it appears that the RCR judgement has been passed exparte. If it is an exparte judgement, you may file a set aside petition in the same court, need not go for an appeal. Once the RCR is restored you may plan to examine any witnesses from your side too.

Social Worker (Social Worker) 20 January 2015

Sir is there any procedure to file a set aside petition. can we ask them that as 498 is filed and is in progress our set aside petition may be approved.

Also for de novo trial do we need to go to a higher court or can we file it in sub court or court of judgement.

Can we also take state of OP judgement on re joining the husband as 498 is in progress.

can we apply for a divorce while we filed 498 and it is under progress if the we filed the suite as petitioners.

T. Kalaiselvan, Advocate (Advocate) 20 January 2015

You appear not to understand the reply given by experts including me. You first understand the original replies and then come out with further queries, if need be. You have been properly explained what to do, so better proceed with the advise of your lawyer on all further issues.